Order, Supreme Court, New York County (Ira Gammerman, J. H.O.), entered April 12, 2011, which, insofar as appealed from as limited by the briefs, granted so much of plaintiffs motion for summary judgment as sought to dismiss defendant’s affirmative defenses, counterclaims and third-party claims of constructive eviction due to an alleged fire code violation and due to plaintiffs failure to provide proper air-conditioning and ventilation during a roof repair to the extent defendant seeks to recover for the period following the completion of the repair, *537and defendant’s third-party claims for fraud and nuisance, and denied so much of plaintiffs motion as sought summary judgment on its claim for unpaid rent, and granted defendant’s motion for summary judgment on its eighth affirmative defense and first counterclaim to the extent they allege constructive eviction due to plaintiff’s failure to provide proper air-conditioning and ventilation during the aforesaid roof repair, on its counterclaim for breach of the covenant of quiet enjoyment, and on its counterclaim for the return of its security deposit, unanimously modified, on the law, to grant plaintiffs motion as to defendant’s affirmative defense of accord and satisfaction, and otherwise affirmed, without costs.