Pamela Equities Corp. v. Frey Co

In Pamela Equities Corp. v. Frey Co. (465 N.Y.S.2d 659 [1983]), the landlord commenced a summary proceeding for electricity, operating expenses, and taxes. The commercial lease expressly included electricity, among other things, as "additional rent." It was undisputed that the tenant paid and would continue to pay base rent. The court retained jurisdiction and acknowledged that discovery was not favored in summary proceedings. However, in deciding whether to grant discovery to the parties, the court characterized the action as contractual in nature and found that discovery was warranted under the circumstances.