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CHATEAU OWNERS v. MONAHAN

2013-2444 Q C

52 Misc.3d 36 (2016)

35 N.Y.S.3d 825

2016 NY Slip Op 26114

CHATEAU OWNERS CORP., Respondent, v. THOMAS M. MONAHAN, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided March 30, 2016.

Attorney(s) appearing for the Case

Kevin Kerveng Tung, P.C., Flushing (Kevin K. Tung of counsel), for appellant.

Borah, Goldstein, Altschuler Nahins & Goidel, P.C., New York City (Paul N. Gruber of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, so much of the order dated July 26, 2013 as granted the branches of landlord's motion seeking (1) to dismiss tenant's fourth through seventh affirmative defenses and (2) summary judgment upon the petition is vacated, and those branches of landlord's motion are denied.

Landlord, a cooperative corporation, commenced this holdover summary proceeding to recover...

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