Legal Opinion

North-Driggs Holdings, LLC v. Burstiner

Civil Court of the City of New York

Decided May 13, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Susan F. Avery, J.

Petitioner commenced this nonpayment summary proceeding seeking claimed rental arrears. Respondents filed an answer asserting defenses and counterclaims and the matter appeared on this court’s calendar on November 19, 2013. On that date, the case was adjourned. Thereafter, by notice of motion dated December 16, 2013, counsel for the petitioner filed the instant *320motion seeking an order dismissing the respondents’ second through fourth affirmative defenses and counterclaims and fifth counterclaim.

Respondents oppose the motion and cross-move for partial…

2Cases cited12 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  2. Basis Yield Alpha Fund v. Goldman Sachs Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Brian Hoxie's Painting Co. v. Cato-Meridian Central School DistrictNew York Court of Appeals · 1990
  4. Gregory v. Colonial DPC Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Severin v. RouseCivil Court of the City of New York · 1987

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