Legal Opinion
Auto Park, Inc. v. Bugdaycay
Civil Court of the City of New York
Decided December 15, 2004PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Peter M. Wendt, J.
*293Petitioner commenced the instant nonpayment summary proceeding on or about June 14, 2004. Respondent interposed an answer with one affirmative defense and a counterclaim for legal fees.
Petitioner moves for an order pursuant to CPLR 3212 granting partial summary judgment dismissing respondent’s first affirmative defense. Petitioner argues that the respondent’s affirmative defense that “the petitioner has demanded a rent to which it is not entitled” is meritless in that in prior leases petitioner charged respondent a preferential rent and that petitioner…
2Cases cited19 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
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3Cited by1 opinion
- Mangano v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2006