1833 Associates v. Frying Carpets Co.

OPINION OF THE COURT

Michael D. Stallman, J.

This commercial nonpayment summary proceeding raises two novel questions: Can a commercial net lessee who assumed responsibility for maintenance and repair assert a defense of actual and/or constructive eviction? Can an over-landlord intervene in a summary proceeding solely for the purpose of compelling the net lessee to pay certain sums directly to the overlandlord rather than to the lessor?

Petitioner 1833 Associates is the net prime tenant and sublessor of the subject premises; respondent is the net lessee *698subtenant. Petitioner has commenced this…