The IAS Court correctly determined that appellant's "sublease" with Shark Leasing Corp., under which the latter demised its entire interest in the entire premises for the entire time remaining on the prime lease, constituted an assignment (Mann Theatres Corp. v. Mid-Island Shopping Plaza Co., 94 A.D.2d 466, 472, affd 62 N.Y.2d 930), notwithstanding a contingent right of re-entry (Nedick's Stores v. T.S.N.Y. Realty Corp., 156 A.D.2d 123, 124). In any event, no provision in the prime lease authorizes a setoff for the moneys allegedly expended to renovate and improve the premises as against the $100,000 minimum monthly rent specified in the prime lease. In fact, it expressly prohibits the same. Whatever claims appellant may have against Shark under the sublease can be pursued in a separate legal action (see, Stewart v. Long Is. R.R. Co., 102 N.Y. 601).
We have considered appellant's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Ellerin, Wallach and Nardelli, JJ.