In JPMorgan Chase Bank, N.A. v. Rocar Realty Northeast, Inc. (47 AD3d 425 [1st Dept 2008]) the court held that: "a subtenant like plaintiff, faced with loss of possession because his sublessor had defaulted under the paramount lease, must nonetheless continue to perform the terms and conditions of its sublease. Indeed, a subtenant has the right to perform covenants of the paramount lease breached by its sublessor in order to protect its possession. Thus, the subtenant may pay the paramount landlord the rent due it from the sublessor. Such payment, if made in good faith and under compulsion, is a defense to an action brought by the sublessor against the subtenant for the same rent ." (Id. at 427.)