71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)

Citation: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Parent Document: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Jurisdiction: New York (state)
Effective Date: 2026-05-28
Original Source: https://www.courtlistener.com/opinion/10866522/71st-st-lexington-corp-v-frankel/ ↗

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The motion court properly dismissed defendant's affirmative defenses as conclusory and not factually supported and found that those defenses specifically addressed by defendant lacked merit (see e.g. Commissioners of the State Ins. Fund v Ramos, 63 AD3d 453, 453 [1st Dept 2009]). With respect to laches, defendant failed to present evidence of prejudice arising from plaintiff's purported delay (see Matter of Linker, 23 AD3d 186, 189 [1st Dept 2005]). Defendant also asserted the defense of impossibility based on plaintiff's alleged refusal to provide him access to the apartment for the purpose of obtaining insurance. However, defendant did not submit evidence to support his contention that he was unable to obtain the requisite insurance or that it was "objectively impossible," to do so because the record reflects that he was given access on several occasions (Kel Kim Corp. v Central Mkts., 70 NY2d 900, 902 [1987]). Defendant's insurance broker's email stating "it is extremely difficult, if not impossible, to secure coverage" for a vacant apartment where property damage exists does not establish that it was impossible for defendant to obtain coverage.

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