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46 E. 91ST ST. ASSOC. v. BOGOCH

23 Misc.3d 36 (2009)

___ N.Y.S.2d ___

46 EAST 91ST STREET ASSOCIATES, LLC, Respondent, v. SAMUEL BOGOCH et al., Appellants.

Supreme Court, Appellate Term, First Department.

Decided April 27, 2009.

Attorney(s) appearing for the Case

Vernon & Ginsburg, LLP, New York City (Mel B. Ginsburg of counsel), and Pryor Cashman LLP, New York City (Eric D. Sherman and Luisa K. Hagemeier of counsel), for appellants.

Morris K. Mitrani, P.C., New York City, for respondent.

McKEON, P.J., and HEITLER, J. concur.

OPINION OF THE COURT

PER CURIAM.

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...

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