L & B 595 Madison, Inc. v. Ravagnan

Order, Supreme Court, New York County (Carol Huff, J.), entered on or about July 19, 1996, which, in an action by a landlord against a tenant for breach of a commercial lease, inter alia, denied plaintiff’s motion for summary judgment on the issue of defendant’s liability for rent and dismissed defendant’s counterclaim for constructive eviction, unanimously modified, on the law and the facts, to dismiss defendant’s first affirmative defense of surrender and acceptance of the leased premises, and otherwise affirmed, without costs.

Defendant’s first affirmative defense claiming that plaintiff’s…