Viteritti v. Thomas

OPINION OF THE COURT

Memorandum.

Order unanimously modified by providing that respondents’ motion to dismiss is denied, that petitioners’ cross motion to *519dismiss the affirmative defenses is granted with respect to all of the affirmative defenses except the affirmative defense that respondents are not proper parties, and matter remanded to the court below for trial; as so modified, affirmed without costs.

In this commercial nonpayment proceeding, the District Court dismissed the petition on the ground that the tenant in possession is a corporation, Aarcha, Inc., and not respondents. In our view,…