Legal Opinion
Arkansas Leasing Co. v. Gabriel
Appellate Terms of the Supreme Court of New York
Decided April 9, 2004Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment reversed without costs, underlying order vacated, landlord’s motion for summary judgment and to strike the affirmative defenses and counterclaim granted only to the extent of striking the affirmative defenses, tenant’s cross motion for leave to amend his answer to assert a Martin Act defense granted, the answer is deemed served and filed, and the matter is remanded to the Civil Court for further proceedings.
In this holdover proceeding, the Housing Court denied a cross motion by tenant seeking to amend his answer to assert a Martin Act defense…
2Cases cited7 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Matinzi v. JoyNew York Court of Appeals · 1983
- Paikoff v. HarrisAppellate Terms of the Supreme Court of New York · 1999
- Hilltop Nyack Corp. v. TRMI Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Merwest Realty Corp. v. PragerAppellate Division of the Supreme Court of the State of New York · 1999
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