EMPIRE STATE BLDG.v.NEW YORK CITY APTS., 570812/09 [1st Dept 2-23-2011

Appellate Term of the Supreme Court of New York, First DepartmentFeb 23, 2011
570812/09 (N.Y. App. Div. 2011)
570812/092011 N.Y. Slip Op. 50244

570812/09.

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.