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DOROS v. FARMINGTON CASUALTY COMPANY

289 A.D.2d 56 (2001)

734 N.Y.S.2d 143

DOROS & BRESCIA, P. C., et al., Appellants, v. FARMINGTON CASUALTY COMPANY et al., Respondents.

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

Decided December 11, 2001.

Contrary to plaintiffs' assertions, Wagner did plead in the underlying landlord-tenant non-payment proceeding the affirmative defenses of actual and constructive eviction, and the Civil Court, upon reargument, reinstated the affirmative defense of constructive eviction. Plaintiffs have failed to allege any harm resulting from Wagner's failure to move to renew or reargue the original Civil Court motion resulting in a grant of possession...

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