182 Fifth Avenue, LLC v. Design Development Concepts, Inc.

—Order, Supreme Court, New York County (Leland DeGrasse, J.), *199entered January 9, 2002, which, to the extent appealed from as limited by the brief, denied plaintiff landlord’s motion to dismiss defendant tenants’ second, third, eighth and ninth affirmative defenses and first and second counterclaims, unanimously affirmed, without costs.

The motion court properly declined to dismiss the subject affirmative defenses and counterclaims pursuant to CPLR 3211 (b), since the allegations of the answer, viewed, as they must be in this procedural context, in the light most favorable to defendants (see…