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182 FIFTH AVENUE, LLC v. DESIGN DEVELOPMENT CONCEPTS, INC.

300 A.D.2d 198 (2002)

751 N.Y.S.2d 739

182 FIFTH AVENUE, LLC, Appellant, v. DESIGN DEVELOPMENT CONCEPTS, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 24, 2002.

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 Grunder v Recckio, 138 A.D.2d 923), state cognizable defenses and counterclaims. In this connection, the eligibility of the subject loft units for protection under rent stabilization...

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