285 West Broadway Associates Limited Associates v. Interactive Sports, Inc.
July 17, 2012
(Civil Court of the City of New York, New York County, April 25, 2001)
Summary judgment dismissing affirmative defenses and counterclaims and awarding Petitioner/Landlord a possessory judgment on its claims for rent, additional rent and attorneys’ fees, granted, and Respondent’s cross-motion for summary judgment dismissing the Petition is denied. Affirmative defenses and counterclaims dismissed include: lack of jurisdiction due to alleged failure to make a proper rent demand; allegation that Petition seeks stale rent; alleged failure of the Petition to state a cause of action; allegation that the Petition fails to comply with the requirements of RPAPL Section 741, which sets forth the required contents of a Petition in a summary proceeding, in that Petitioner had allegedly not supported the Petition’s allegation that Petitioner is the net lessee of the building; allegation that the amount of rent demanded in the Petition is not correct; laches, waiver and/or estoppeI; allegation that the leased premises “are not safe or fit to be used for the purposes for which they were intended to be used”; allegation that the Petition is defective because it was not signed by counsel; allegation of lack of jurisdiction due to improper service of Petitioner’s predicate notice; allegation that that Petitioner failed to serve the Respondent-Tenant with the preliminary notices required to be served under the subject lease agreement and therefore the real estate taxes and other additional rent demanded are not due and owing; allegation of lack of jurisdiction due to improper service of the Notice of Petition and Petition; allegation of partial constructive eviction; breach of the covenant of quiet enjoyment; allegation that the value of the premises was reduced by Petitioner’s failure to make repairs and provide all services called for under the lease. Link to Full Text of Decision
