Appellate Division of the Supreme Court of New York, 2003

City of New York v. Strategic Development Concepts, Inc.

City of New York v. Strategic Development Concepts, Inc.
Appellate Division of the Supreme Court of New York · Decided April 8, 2003
304 A.D.2d 356; 756 N.Y.S.2d 843; 2003 N.Y. App. Div. LEXIS 3744
City of New York v. Strategic Development Concepts, Inc.

Opinion of the Court

Order, *357Supreme Court, New York County (Joan Madden, J.), entered December 3, 2001, which denied the motion of defendant Strategic Development Concepts to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

The pleadings more than sufficed to put defendant on notice of the rent deficiencies claimed by plaintiff lessor. As the IAS court found, any defense that plaintiff failed to meet its obligations under the lease so as to preclude its claim to recover rent is not amenable to resolution in the present procedural context. Concur — Tom, J.P., Andrias, Rosenberger and Williams, JJ.

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