Legal Opinion

132132 LLC v. Strasser

Civil Court of the City of New York

Decided March 17, 2008PublishedCited by 1 opinion

1Opinion of the Court

*659OPINION OF THE COURT

Joseph E. Capella, J.

In this nonpayment proceeding, the petitioner moves to strike the respondents’ first and second affirmative defenses (CPLR 3211 [b]),1 and the respondents cross-move for summary judgment (CPLR 3212) based on these same defenses, and their counterclaim for overcharge and legal fees. The court will first address the respondents’ second affirmative defense, which alleges that the “[Respondent Joseph Strasser has been a tenant of the subject premises since on or about July 1, 1992 . . . [and the] premises were never vacated with a legal rent in excess of…

2Cases cited6 opinions

Drucker v. MauroAppellate Division of the Supreme Court of the State of New York · 2006
Century Operating Corp. v. PopolizioNew York Court of Appeals · 1983
Riverside Syndicate, Inc. v. MunroeNew York Court of Appeals · 2008
Scotia Associates v. BondCivil Court of the City of New York · 1985
Ghignone v. JoyNew York Court of Appeals · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

200 Haven Owner, LLC v. DrachmanAppellate Terms of the Supreme Court of New York · 2023