MEEC Players LLC v. Nightlife Productions Entertainment Inc. et al.

Rosenberg & Estis, P.C. successfully defeated a commercial tenant’s motion to vacate its default. Rosenberg & Estis, P.C. represented the landlord in this commercial non-payment proceeding. Landlord moved for summary judgment and, in the alternative, for a judgment of possession pursuant to RPAPL 745 based upon the tenant’s failure to pay rent as directed by the Court. Tenant failed to appear on the return date of the motion and a judgment of possession and money judgment was entered against tenant. Tenant moved to vacate its default and set aside the judgments based upon law office failure and purported defenses to the proceeding, including, claims that services had not been rendered pursuant to the parties’ lease. The Court, adopting R&E’s arguments, found that tenant had failed to demonstrate a meritorious defense to the proceeding and that there was no defense to tenant’s failure to comply with the RPAPL 745 order under the statute. The Court rejected the tenant’s claim that the alleged decrease in services constituted a defense to a commercial non-payment proceeding in light of the lease’s prohibition on counterclaims and set-offs. Accordingly, tenant’s motion was denied.

( Rosenberg & Estis, P.C. Team: Anthony J. Virga)