Dixon v. 105 West 75th Street LLC

I agree with the majority’s finding that the landlord defendants (landlord) are not entitled to legal fees and costs, and join in that portion of the memorandum. However, because I do not *631agree that the landlord submitted sufficient documentation in admissible form (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Advanced Global Tech., LLC v Sirius Satellite Radio, Inc., 44 AD3d 317, 318 [1st Dept 2007]) to “utterly refute [ ]” plaintiff’s claims and establish a defense as a matter of law (Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]), I respectfully dissent from the…