Canine Consulting, Inc. v. 563 East Tremont LLC

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about February 9, 2015, which denied plaintiff tenant’s motion to stay defendant landlord’s Civil Court action to recover the premises for nonpayment of rent or, in the alternative, to consolidate the Civil Court action with the instant action, unanimously affirmed, without costs.

Plaintiff’s claims in this action may be asserted as either defenses or counterclaims in defendant’s summary nonpayment proceeding in Civil Court (see Simens v Darwish, 105 AD3d 686 [1st Dept 2013]). Plaintiff has not shown that it could not…