W & S Associates, L.P. v. Absolute Greek, Inc.

OPINION OF THE COURT

Bruce D. Alpert, J.

This motion by plaintiff and counterclaim defendant for leave to amend the former’s response to counterclaims and the lat*171ter’s answer by raising, as an affirmative defense, the contractual waiver of the defendants’ right to assert counterclaims in proceedings of this nature and, upon such amendment, for the summary dismissal thereof, is determined as hereinafter set forth.

The provision at issue, article XVIII, § 18.3 of the underlying lease, provides, in pertinent part, as follows: “If Landlord commences any proceeding for non-payment of rent (Minimum…