Legal Opinion
Aimco 322 East 61st Street, LLC v. Brosius
Appellate Terms of the Supreme Court of New York
Decided November 12, 2015PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Orders, dated November 7, 2014, modified to the extent of denying landlord’s motion to strike the defenses and counterclaims, and granting tenant’s cross motion for disclosure to the extent specified; as modified, orders affirmed, without costs.
Tenant’s defense of lack of personal jurisdiction should not have been stricken, since his sworn, nonconclusory denial of service sufficiently controverted the veracity and content of the affidavit of service, requiring a traverse hearing (see Finkelstein Newman Ferrara LLP v Manning, 67 AD3d 538 [2009]).
Nor was tenant’s defense of…
3Cases cited6 opinions
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- Gersten v. 56 7th Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
- JEMROCK REALTY CO., LLC. v. KrugmanNew York Court of Appeals · 2010
- Finkelstein Newman Ferrara LLP v. ManningAppellate Division of the Supreme Court of the State of New York · 2009
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4Cited by4 opinions
- 233 East 5th Street LLC v. SmithAppellate Terms of the Supreme Court of New York · 2016
- 233 E. 5th St. LLC v. SmithAppellate Terms of the Supreme Court of New York · 2016
- Mautner-Glick Corp. v. HigginsAppellate Terms of the Supreme Court of New York · 2019
- Widsam Realty Corp v. JoynerAppellate Terms of the Supreme Court of New York · 2019