NRP LLC I, pet-land-appcross-res, v. ELO MANAGEMENT LLC, res-tent -AND-IDEAL ENTERTAINMENT, INC. D/B/A IDEAL ENTERTAINMENT GROUP, ET AL., res-und-res -ANDDUKE'S PLACE, LLC D/B/A DUKE'S PLACE, ET AL., res-und -AND-JAY JAY CABARET, INC., D/B/A JAY JAY CABARET A/D/B/A FLASH DANCERS WORLDWIDE ENTERTAINMENT, INC. A/K/A WORLDWIDE ENTERTAINMENT ENTERPRISES, INC., res-und-res-cross-app

17-057/058. NRP LLC I, pet-land-appcross-res, v. ELO MANAGEMENT LLC, res-tent -AND-IDEAL ENTERTAINMENT, INC. D/B/A IDEAL ENTERTAINMENT GROUP, ET AL., res-und-res -ANDDUKE'S PLACE, LLC D/B/A DUKE'S PLACE, ET AL., res-und -AND-JAY JAY CABARET, INC., D/B/A JAY JAY CABARET A/D/B/A FLASH DANCERS WORLDWIDE ENTERTAINMENT, INC. A/K/A WORLDWIDE ENTERTAINMENT ENTERPRISES, INC., res-und-res-cross-app — Order (Anthony Cannataro, J.), entered August 31, 2016, modified to deny respondents-undertenants' cross motions, reinstate the petition and grant petitioner-landlord's motion for summary judgment of possession as against all respondents-undertenants; as modified, order affirmed, with $10 costs. Execution of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

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17-057/058. NRP LLC I, pet-land-appcross-res, v. ELO MANAGEMENT LLC, res-tent -AND-IDEAL ENTERTAINMENT, INC. D/B/A IDEAL ENTERTAINMENT GROUP, ET AL., res-und-res -ANDDUKE’S PLACE, LLC D/B/A DUKE’S PLACE, ET AL., res-und -AND-JAY JAY CABARET, INC., D/B/A JAY JAY CABARET A/D/B/A FLASH DANCERS WORLDWIDE ENTERTAINMENT, INC. A/K/A WORLDWIDE ENTERTAINMENT ENTERPRISES, INC., res-und-res-cross-app — Order (Anthony Cannataro, J.), entered August 31, 2016, modified to deny respondents-undertenants’ cross motions, reinstate the petition and grant petitioner-landlord’s motion for summary judgment of possession as against all respondents-undertenants; as modified, order affirmed, with $10 costs. Execution of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

Pursuant to the terms of a December 1979 commercial lease agreement, respondent-tenant Elo Management LLC (Elo) became the net lessee of the building located at 1674 Broadway in Manhattan. The lease contained a mechanism, including arbitration, to set the rent of the net lessee after the initial 35-year term. Following an arbitration award that was confirmed by Supreme Court, Elo’s yearly rent was increased from $241,999 to $3.15 million, commencing December 20, 2014. As a result, Elo was now obligated to pay landlord rent in an amount far greater than the amount of rent Elo collected from its subtenants.

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