46 East 91st Street Associates, LLC v. Bogoch

OPINION OF THE COURT

Order, dated November 15, 2007, insofar as appealed from, reversed, without costs, that branch of tenants’ motion seeking leave to amend their answer to assert a defense founded upon Multiple Dwelling Law § 302-a is granted, and the proposed amended answer is deemed served, upon condition that tenants, within 10 days after service of a copy of this order with notice of entry, deposit $53,076.60 with the Clerk of the Civil Court, an amount representing the rent allegedly due landlord at the time of tenants’ motion. Upon tenants’ failure to comply with this condition, the…