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ELEMERY CORP. v. 773 ASSOCS.

168 A.D.2d 246 (1990)

Elemery Corporation, Appellant, v. 773 Associates et al., Respondents

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

December 6, 1990

In this action by plaintiff seeking damages for wrongful eviction, we affirmed, without opinion, Supreme Court's denial of defendants' motion for summary judgment (Elemery Corp. v 773 Assocs., 144 A.D.2d 1044). During the pendency of that appeal, defendants were granted leave to amend their answer to include a counterclaim seeking recovery of unpaid rent. Plaintiff both failed to serve a timely reply to the counterclaim ...

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