Practice point: The Appellate Division determined that the Supreme Court properly denied that branch of the defendants'
cross motion which was for summary judgment on their counterclaim to recover unpaid rent. Before a tenant may withhold rent, the tenant must prove actual or constructive eviction. To demonstrate constructive eviction a tenant must vacate the premises. Here, the defendants' submissions failed to demonstrate,
prima facie, that the plaintiff remained in possession of the leased
premises and thus, was not constructively evicted.
Student note: A commercial tenant's obligation to pay rent is not suspended if the tenant remains in possession
of the leased premises, even if the landlord fails to provide essential
services.
Case: Prakhin v. Fulton Towers Realty Corp., NY Slip Op 07487 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: CPLR 205(a)
