Legal Opinion
United East LLC v. Churi
Appellate Terms of the Supreme Court of New York
Decided June 19, 2009PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated March 13, 2008, reversed, with $10 costs, and landlord’s motion to dismiss the second affirmative defense is denied.
Although the statement set forth in the bill of particulars jointly provided by all respondents that tenants have not yet “permanently vacated” the stabilized apartment premises and the succession defense interposed by undertenant Ariel Churi in the combined answer are inconsistent, inconsistent defenses may be pleaded in the alternative (see CPLR 3014; Anamdi v Anugo, 238 AD2d 366 [1997]; see also Matter of Kern v Guller, 40 AD3d 1231 [2007];…
3Cases cited4 opinions
- Kern v. GullerAppellate Division of the Supreme Court of the State of New York · 2007
- Jeremy's Ale House Also, Inc. v. Joselyn Luchnick Irrevocable TrustAppellate Division of the Supreme Court of the State of New York · 2005
- Anamdi v. AnugoAppellate Division of the Supreme Court of the State of New York · 1997
- TMB Communications v. PreeferAppellate Division of the Supreme Court of the State of New York · 2009
4Cited by1 opinion
- 244 West 109th Street, LLC v. DiazAppellate Terms of the Supreme Court of New York · 2009