Opinion
February 24, 2000
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered June 30, 1999, which, to the extent appealed from as limited by the brief, denied defendants' motion for summary judgment insofar as such motion sought dismissal of plaintiff's third, fourth, fifth and seventh causes of action, unanimously affirmed, with costs.
Jeffrey M. Weinhaus, for Plaintiff-Respondent.
Bill S. Light, for Defendants-Appellants.
WILLIAMS, J.P., TOM, SAXE, BUCKLEY, FRIEDMAN, JJ.
Summary judgment dismissal of these causes of action was properly denied in light of questions of fact as to whether defendants, as plaintiff has alleged, engaged in a bad faith effort to thwart plaintiff's tenancy while negotiating with a more affluent competitor of plaintiff's. Plaintiff's allegations, if proved with the benefit of discovery, which we note plaintiff has not yet been afforded, could support plaintiff's claims for rescission (see,Clanton v. Smith, 170 A.D.2d 643, lv denied 78 N.Y.2d 852), constructive eviction (see, Johnson v. Cabrera, 246 A.D.2d 578, 579), breach of quiet enjoyment, and breach of the implied covenant of good faith and fair dealing (see, Just-Irv Sales, Inc. v. Air-Tite Bus. Ctr. LLC, 237 A.D.2d 793, 794-795). We have considered defendants' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.