STRIVER 140 v. CRUZ


1 Misc.3d 29 (2003)

770 N.Y.S.2d 814

STRIVER 140 LLC, Appellant, v. YAHAIRA CRUZ et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 19, 2003.


Attorney(s) appearing for the Case

Horing, Welikson & Rosen, P.C., Williston Park (Debra M. Genetin of counsel), for appellant.

Legal Aid Society, New York City (Marie Richardson and Alan Canner of counsel), for respondent.

SUAREZ, P.J., McCOOE and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order entered June 5, 2002 modified to deny tenants' motion for summary judgment and to reinstate the petition; as modified, order affirmed, without costs.

We do not disturb Civil Court's exercise of discretion insofar as it vacated the stipulation executed by the pro se tenants and permitted them to defend the nonpayment proceeding on the merits. Tenants have made a prima facie showing of defenses based upon breach...

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