Plaintiff was previously sued by his landlord, one of the defendants herein, in an action for declaratory judgment alleging that plaintiff's rent-regulated apartment was not his primary residence. In this previous action, plaintiff was denied leave to amend his answer to raise various counterclaims, and defendants' motion to discontinue was granted. Both orders were affirmed on appeal to this court. (Cooperative Equities Group IV v Artzt, 144 A.D.2d 1047.)
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