Perry Properties v. Servico Protective Covers, Inc.

Judgment unanimously reversed, without costs, and motion denied, in accordance with the following memorandum: Plaintiff sued its tenant for past-due rent in the amount of $11,000 and defendant answered asserting the affirmative defense of partial constructive eviction. It also pleaded two counterclaims alleging breach of the lease covenant to repair and seeking damages in the total amount of $17,322.50. We agree with Special Term that the affirmative defense is not sufficient to defeat the claim for rent and charges concededly due the landlord under the lease because the tenant remained in…