[U] Fashion Bug No. 2100 Of Batavia

Plaintiff, Fashion Bug #2100 of Batavia, Inc., has moved pursuant to CPLR §3212 for an order granting summary judgment as follows: (1) declaring the pursuant to paragraph 12.6 of the lease agreement plaintiff is entitled to an abatement of rent on a going forward basis from February 1, 2002; and (2) determining that defendant's failure to abate rent constitutes a breach of contract, entitling plaintiff to money judgment in the amount of $133,005.48, with interest from February 1, 2002, for the rental time period of February 1, 2002 through August 31, 2004. Defendant, West Main Associates L.P. (incorrectly named in the caption as "425 West Main Associates (Batavia), L.P."), has cross moved pursuant to CPLR §3212 to dismiss plaintiff's complaint and to correct the caption.