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ESRT 250 WEST 57TH ST., L.L.C. v. 13D/WEST 57TH LLC

3558, 158006/15.

148 A.D.3d 621 (2017)

2017 NY Slip Op 02390

50 N.Y.S.3d 363

ESRT 250 WEST 57TH ST., L.L.C., Respondent, v. 13D/ WEST 57TH LLC et al., Appellants. 13D/WEST 57TH LLC, Counterclaim Plaintiff-Appellant, v. ESRT 250 WEST 57TH ST., L.L.C., et al., Counterclaim Defendants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 28, 2017.

Defendants, a commercial tenant and its principal, asserted counterclaims and affirmative defenses predicated on the violation of the covenant of quiet enjoyment or constructive eviction. Those claims were properly dismissed, as the only harm suffered was by tenant's purported subtenant, which subtenancy was wholly unauthorized, in violation of the lease (see Excel Graphics Tech. v CFG/AGSCB 75 Ninth Ave., 1 A.D.3d 65, 70 [1st Dept...

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