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MYRTLE VENTURE FIVE, LLC v. EYE CARE OPT. OF NY, INC.

2013-814 Q C

48 Misc.3d 4 (2015)

11 N.Y.S.3d 796

2015 NY Slip Op 25151

MYRTLE VENTURE FIVE, LLC, Respondent, v. EYE CARE OPTICAL OF NY, INC., Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided May 1, 2015.

Attorney(s) appearing for the Case

Peter M. Zirbes, Esq., P.C., Forest Hills ( Peter M. Zirbes of counsel), for appellant.

Smith & Krantz, LLP, New York City ( Jeremy J. Krantz of counsel), for respondent.

SOLOMON and ELLIOT, JJ., concur; WESTON, J.P., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, the order granting landlord's motion to strike tenant's second amended answer and affirmative defense is vacated, landlord's motion is denied, and the matter is remitted to the Civil Court for all further proceedings.

In this commercial nonpayment proceeding, tenant appeared and answered on October 11, 2012...

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