Lipkis v. Gilmour

*610OPINION OF THE COURT

Order entered January 30, 1992 affirmed, with $10 costs.

In nonpayment summary proceedings, landlord moved to strike tenant’s answer in reliance upon the following provision contained in a rider to the parties’ loft lease: "Landlord and Tenants agree that in the event Landlord shall commence a summary proceeding against Tenants, Tenants shall not be allowed to make an appearance nor shall Tenants be allowed to interpose any answer or defense unless Tenants, prior to appearing, and prior to interposing any answer or defense, deposit with the clerk of the Civil Court any…