Canine Consulting, Inc. v. 563 East Tremont LLC

132 A.D.3d 461, 17 N.Y.S.3d 632

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 13, 2015
• Docket: 15852N 650498/14
• Status: Published

Opinion

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about February 9, 2015, which denied plaintiff tenant’s motion to stay defendant landlord’s Civil Court action to recover the premises for nonpayment of rent or, in the alternative, to consolidate the Civil Court action with the instant action, unanimously affirmed, without costs.

Plaintiff’s claims in this action may be asserted as either defenses or counterclaims in defendant’s summary nonpayment proceeding in Civil Court (see Simens v Darwish, 105 AD3d 686 [1st Dept 2013]). Plaintiff has not shown that it could not obtain complete relief in Civil Court (see Cox v J.D. Realty Assoc., 217 AD2d 179 [1st Dept 1995]). To the extent plaintiff argues that its potential defenses or counterclaims will be compromised by the limited discovery available in Civil Court, we reject this argument (see Brecker v 295 Cent. Park W., Inc., 71 AD3d 564 [1st Dept 2010]).

Concur — Mazzarelli, J.P., Renwick, Andrias and Manzanet-Daniels, JJ.