Green 440 Ninth LLC v. Reade

OPINION OF THE COURT

Order, entered May 4, 2004, reversed, with $10 costs, the stay of proceedings is vacated, and landlord is granted summary judgment awarding it possession and a recovery of rent arrears in the amount prayed in the nonpayment petition.

Pursuant to a commercial lease (main lease), tenant occupies three floors of landlord’s premises. Tenant also occupies other space in the building, including the basement, under a sublet agreement with another tenant. When a pipe burst on one of the floors occupied under the main lease, tenant began to withhold rent and in July 2003 commenced a…