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1035 THIRD AVE. LLC v. PURE GREEN NYC 62ND ST. CORP.

1035 158933/19. Appeal No. 14633. Case No. 2021-00767.

199 A.D.3d 505 (2021)

154 N.Y.S.3d 441

2021 NY Slip Op 06431

1035 Third Avenue LLC, Respondent, v. Pure Green NYC 62nd Street Corp., Appellant, et al., Defendant.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Barton LLP, New York ( Randall Laurel Rasey of counsel), for appellant.

Zingman & Associates PLLC, New York ( Cheryl R. Ginsburg of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.

Defendant's counterclaims are barred by the lease, in which defendant waived its right "to plead all non-compulsory counterclaims or offsets" in any action brought against it by plaintiff for any default (see 150 Broadway N.Y. Assoc., L.P. v Bodner, 14 A.D.3d 1, 5 [1st Dept 2004]). These counterclaims are noncompulsory (see Classic Autos. v Oxford Resources Corp.,

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