Fisk Building Associates LLC v. Shimazaki II, Inc.

Order, Supreme Court, New York County (Louis B. York, J.), entered July 22, 2009, which, to the extent appealed from, granted plaintiff’s motion for partial summary judgment dismissing the first and third affirmative defenses and the counterclaim, and to quash a subpoena, and denied defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Under the first affirmative defense, it was averred that plaintiffs eviction of defendant Shimazaki II was illegal. Contrary to defendants’ assertion, plaintiff did not improperly execute on a stale warrant or…