Decided on February 23, 2011.
Landlord appeals from that portion of an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered November 2, 2009, which denied its motion to dismiss tenant's first, second and third affirmative defenses in a commercial nonpayment summary proceeding. Tenant cross-appeals from that portion of the aforesaid order which denied its motion for leave to conduct disclosure.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Order (Joan M. Kenney, J.), entered November 2, 2009, insofar as appealed and cross-appealed from, modified to grant landlord's motion to strike tenant's first, second and third affirmative defenses; as modified, order affirmed, without costs ( see Empire State Building Company, LLC v TCG Productions, Inc., cal. no. 10-035/036, decided simultaneously herewith).
THIS CONSTITUTES THE ORDER OF THE COURT.