Commercial Landlord-Tenant—Summary Proceeding—Court Enforces a No Counterclaim Lease Provision—Rejects Tenant’s Claim that Counterclaim Is So Intertwined With the Proceeding That It Should Not Be Addressed in a Separate Action.
A commercial landlord commenced a commercial non-payment proceeding and had moved for summary judgment. Originally, the tenant raised issues with respect to the amount of the rent owed and service issues relating to a ten-day notice. The tenant thereafter filed a counterclaim, alleging that it had a right to assign its lease and the landlord, by preventing an assignment, had “breached the implied covenants of good faith and fair dealing.” The tenant sought $200,000 in damages in the counterclaim. The landlord asserted that the counterclaim could not be pursued in the “current non-payment summary proceeding.”
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