7001 East 71st Street, LLC v. Millennium Health Services

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered October 8, 2015, which, to the extent appealed from, denied plaintiff and third-party defendant’s motion to dismiss the counterclaim and third-party claim of defendants/ third-party plaintiffs Millennium Health Services, Millennium Pediatrics, and Jordan Meyers, M.D. (collectively, Millennium) for constructive eviction, unanimously reversed, on the law, without costs, the motion granted, and the counterclaim and third-party claim dismissed.

Millennium alleges that they were constructively evicted from the premises they sublet…