Matter of Bruckner Realty LLC v. Cruz

Order of the Appellate Term, Supreme Court, First Department, entered on or about March 16, 2015, which modified an order of Civil Court, Bronx County (Joseph E. Capella, J.), entered September 4, 2014, to deny the parts of petitioner’s summary judgment motion that sought to dismiss respondent’s second and third “affirmative defenses” and first and second “defenses” and for summary judgment of possession, unanimously affirmed, without costs.

Since petitioner’s first summary judgment motion was made after respondent’s deemed general denial, whereas its second such motion was made after her…