Fourth Housing Co. v. Bowers

(concurring in part and dissenting in part and voting to affirm the order in the following memorandum). Landlord appeals the denial of its summary judgment motion by the Civil Court. The sole issue raised in the summary judgment motion was whether the tenancy was lawfully terminated by the Board. Landlord alleged that tenant violated the chronic nonpayment rule provision of the lease, and urged the Civil Court to apply the business judgment rule and not disturb the termination. In denying the motion, the court found there was a question of fact as to whether tenant had defenses as to any of…