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448 W. 54TH ST. v. DOIG-MARX

5 Misc.3d 405 (2004)

784 N.Y.S.2d 292

448 WEST 54TH STREET CORP., Petitioner, v. GEOFFREY DOIG-MARX, Respondent.

Civil Court of the City of New York, New York County.

June 25, 2004.

Attorney(s) appearing for the Case

Horing, Welikson & Rosen, Williston Park (Christopher J. Duval of counsel), for petitioner.

Lynn Armentrout, New York City, for respondent.

OPINION OF THE COURT

ANTHONY J. FIORELLA, JR., J.

Petitioner moves by notice of motion seeking to strike respondent's second and third affirmative defenses upon the ground that respondent is no longer entitled to a preferential rent. Respondent cross-moves for an order seeking summary judgment as to the second affirmative defense and dismissing the petition on the grounds that it asserts an illegal and improper...

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