The IAS Court properly granted summary judgment to the extent indicated based upon defendant's presentation of documentary proof in admissible form, including inter alia certified documents from the City Department of Finance showing that the commercial area of this Mitchell-Lama project was always separately assessed. The terms of the lease were not ambiguous since Article 32 (C) specifically provides for its applicability if the commercial area is separately assessed; thus, plaintiff's mere conclusory assertions and speculation were insufficient to raise triable issues of fact. Nor was any showing made to warrant further discovery prior to the declaration made (see, Pancake v Franzoni, 149 A.D.2d 575, 576). However, as each party claimed monies were owed to it, and because there was insufficient information as to whether the commercial assessments applied only to plaintiff, the court properly determined that discovery and a hearing were required to determine whether any tax liability exists.
Concur — Ellerin, J.P., Ross, Nardelli and Williams, JJ.