Philadelphia Skyline

ITW Mortgage Investments v. GMI N.Y.

(Civ. Ct. N.Y. Cty. 2/24/98)

Petitioner landlord commenced non-payment proceeding against respondent tenant, who had not been paying rent to landlord and had sublet the premises to undertenant. Tenant claimed that it had not been paying rent because landlord had breached lease in changing premises without consent of tenant; landlord pointed out that sublease between tenant and undertenant contained no such obligation. Tenant also asserted that the lease had been terminated because landlord had "substantially and materially alter[ed] the premises"; landlord explained that only a door and a small partition had been changed. Tenant also claimed constructive eviction, which the court determined to be false, since tenant was accepting rent from undertenants and had not in fact abandoned the premises. All six of tenant's affirmative defenses were stricken by court. Court granted summary judgment in favor of landlord, determining that tenant was not paying rent due to landlord under the terms of the lease.  Link to Full Text of Decision

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