Defendant moves to dismiss the complaint on the grounds that plaintiff lacks capacity to sue pursuant to CPLR 3211 (subd [a], pars 3, 5) as barred by section 489 of the Judiciary Law (statutory champerty and maintenance).
In this action, plaintiff, which titles itself a leasehold management company, sues a landlord for the proportional share of a tax assessment refund claimed by his tenants pursuant to tax escalation clauses...
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