Opinion
570812/09.
Decided February 23, 2011.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered November 19, 2009, which denied its motion to dismiss tenant's first, second, third and fourth 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 19, 2009, reversed, without costs, tenant's cross motion for leave to conduct disclosure denied and landlord's motion to strike tenant's first, second, third and fourth affirmative defenses granted ( see Empire State Building Company, LLC v TCG Productions, Inc., cal. no. 10-035/036, decided simultaneously herewith). We note that tenant's affirmative defenses premised upon the breach of the covenant of good faith and fair dealing ( see Accurate Copy Serv. of America, Inc. v Fisk Building Assoc. LLC, 72 AD3d 456, lv denied ___ NY3d ___, 2010 NY Slip Op 85492; Adams, Stevens Bradley Ltd. v Empire State Building Company, LLC, 2009 NY Slip Op 33045[U]) and unclean hands ( see 518 E. 80th St. Co., LLC v Smith, 251 AD2d 215) should have been dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.