Opinion
570812/09.
Decided 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 5, 2009, which denied its motion to dismiss tenant's first, second and third affirmative defenses and granted tenant's cross motion for leave to conduct disclosure in a commercial nonpayment summary proceeding.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Order (Joan M. Kenney, J.), entered November 5, 2009, insofar as appealed from, reversed, without costs, tenant's cross motion for leave to conduct disclosure denied and landlord's motion to strike tenant's first, second and third affirmative defenses granted ( 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.