LIPKIS v. GILMOUR


160 Misc.2d 50 (1994)

611 N.Y.S.2d 976

Eliahu Lipkis, Respondent, v. Gina Gilmour et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 12, 1994


Attorney(s) appearing for the Case

Jennings & Grimble, P. C., New York City (Robert Grimble and Reis Himes of counsel), for appellants. Mordechai Lipkis, New York City, for respondent. Gulielmetti & Gesmer, P. C., New York City (Robert M. Petrucci of counsel), for Lower Manhattan Loft Tenants, amicus curiae. Smith & Shapiro, New York City (Harry Shapiro of counsel), for ACPO, amicus curiae.

PARNESS, J. P., MILLER and McCOOE, JJ., concur.


Per Curiam.

Order dated August 7, 1992 reversed, with $10 costs, tenants' second affirmative defense is reinstated, and the matter is remanded for trial in accordance with this decision.

Appellants herein, residential loft tenants of an interim multiple dwelling owned by petitioner landlord, appeal from the dismissal of their second affirmative defense to the petition which seeks possession for appellants' nonpayment...

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