Commercial Landlord-Tenant—Foreign Consulate—Diplomatic Immunity Defense Rejected—Defendant Waived, by Implication, Sovereign Immunity by Agreeing In the Lease That All Actions or Proceedings Arising Out of the Lease Shall Be Litigated Only In State or Federal Courts Located in New York City—Leasing Property Constitutes Commercial Activity Under the Foreign Sovereign Immunity Act—Court Granted Landlord's Motion for Summary Judgment on Fixed Annual Rent and Additional Rent Only as to Liability—Late Fee Provision Upheld—It Was Not an Unenforceable 'Penalty'—Court Upheld Holdover Use and Occupancy Provision, but Granted Summary Judgment as to Liability Only Since Rent Provision Was Ambiguous—Restoration Cost Denied—Insufficient Evidence—Argument Based on 'Information and Belief' Insufficient To Meet Evidentiary Burden on Motion for Summary Judgment

This decision involved an alleged breach of a commercial lease. A landlord sought summary judgment against the defendant "Consulate General of the Republic of Senegal" (Consulate General) (defendant). The defendant moved for summary judgment dismissing the complaint. The court granted the landlord's summary judgment on the issue of defendant's liability for unpaid "fixed annual rent," "additional rent" and holdover "use and occupancy" (U&O), together with late fees and interest.

The court denied the landlord's motion with respect to the landlord's claim for reasonable attorney fees and the balance of the landlord's motion. The legal fee issue will "be determined at the time of trial or other disposition of this action…." The court denied the defendant's motion for summary judgment.