Judge James d'Auguste
Petitioner 737 Park Avenue Acquisition LLC commenced a commercial property non-payment proceeding against respondent Robert B. Jetter M.D. PLLC. Petitioner, which owns the building, contended respondent possesses a leasehold interest in a ground-floor commercial space; there are significant arrears in base rent and additional rent of approximately $126,899; and respondent failed to pay despite being duly demanded. Respondent asserted partial actual or constructive eviction, breach of lease, breach of a covenant of quiet enjoyment, and failure to itemize taxes due in rent demands. The court held that petitioner failed to meet its burden of proof regarding any entitlement to a rent abatement for loss of business. The court also held that the respondent failed to prove any validity to its affirmative defense premised on petitioner's constructing and maintaining of scaffolding and sidewalk sheds and failed to show entitlement to a rent abatement because of the construction and operation of a hoist outside the subject premises. The court did find respondent entitled to receive ¾ of one month's rent and additional rent, noting that wrongful conduct exists in the form of pipes that were broken during renovation, causing flooding of the premises.