On the other hand, respondent’s counterclaim for damages due to being actually or constructively evicted is inextricably entwined with petitioner’s nonpayment of rent claim, and is therefore related. (See Joylaine Realty Co., LLC v Samuel, 100 AD3d 706, 706-707 [2d Dept 2012] [commercial tenant may be relieved of its obligation to pay full rent where it has been actually or constructively evicted from either the whole or a part of the leasehold]; Johnson v Cabrera, 246 AD2d 578, 578-579 [2d Dept 1998]; see also 737 Park Ave. Acquisition LLC v Robert B. Jetter, M.D., PLLC, 48 Misc 3d 137[A], 2015 NY Slip Op 51153 [U] [App Term, 1st Dept 2015]; Ring, 7 Misc 3d at 880.) Furthermore, respondent’s eviction claim could be decisive of the subject of the action, i.e., the nonpayment of rent; and should, if supported factually, be asserted in the current action to avoid the risk of preclusion under principles of collateral estoppel.
Since respondent has asserted unrelated counterclaims, the court grants petitioner’s motion to strike respondent’s affirma*1152tive defenses of lack of personal jurisdiction and counterclaims insofar as they seek damages for respondent’s loss of income, legal fees and repair costs, and petitioner’s breach of warranty of habitability. This partial dismissal is without prejudice to claims for those damages in another action. The court otherwise denies petitioner’s motion. This case shall proceed to trial solely on the issue of respondent’s nonpayment of rent and its related counterclaim for actual or constructive eviction.