Opinion
570134/03.
Decided October 27, 2003.
Tenant appeals from an order of the Civil Court, New York County, entered September 30, 2002 (Cynthia S. Kern, J.) which, inter alia, granted a motion by landlord to dismiss tenant's fourth and ninth affirmative defenses and first, second and third counterclaims in a nonpayment summary proceeding.
Order entered September 30, 2002 (Cynthia S. Kern, J.) affirmed, with $10 costs, for the reasons stated by Cynthia S. Kern, J. at Civil Court.
PRESENT: HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
We sustain the dismissal of tenant's fourth affirmative defense insofar as it sought recovery of a total rent abatement pursuant to paragraph 41(B) (ii) of the parties' commercial lease, in view of the tenant's demonstrated failure to give the written notice unambiguously required by the lease terms to trigger the benefits of that provision ( see, Milltown Park Inc. v. American Felt and Filter Co., 180 AD2d 235). In affirming, we express no view as to tenant's entitlement to recover a rent abatement under lease paragraph 41(A), whose provisions contain no comparable notice requirement.
This constitutes the decision and order of the court.