Schwalben v. Cholowaczuk

This is a consolidated action involving (1) ah action for declaratory judgment by a tenant se$c*99ing judgment declaring basically that the subject lease was effectively renewed so as to entitle tenant to remain in possession and (2) a holdover proceeding by the tenant’s landlords (hereinafter referred to collectively as the “landlord”), in which the following motions are presented for determination: Motion by the landlord for judgment dismissing, upon the ground that a defense is not stated (CPLR 3211, subd. [b]), the first defense in the amended answer to the landlord’s petition, which alleges…