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ARKANSAS LEASING v. GABRIEL

3 Misc.3d 46 (2004)

779 N.Y.S.2d 710

ARKANSAS LEASING CO., Respondent, v. GEORGE GABRIEL, Appellant.

Supreme Court, Appellate Term, Second Department.

April 9, 2004.

Attorney(s) appearing for the Case

Goldberg, Scudieri, Lindenberg & Block, P.C., New York City (Ivy B. Alexander of counsel), for appellant.

Pennisi, Daniels & Norelli LLP, Rego Park (Denise M. May of counsel), for respondent.

PESCE, P.J., and ARONIN, J., concur; PATTERSON, J., dissents and votes to affirm in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Final judgment reversed without costs, underlying order vacated, landlord's motion for summary judgment and to strike the affirmative defenses and counterclaim granted only to the extent of striking the affirmative defenses, tenant's cross motion for leave to amend his answer to assert a Martin Act defense granted, the answer is deemed served and filed, and the matter is remanded to the Civil Court for further proceedings...

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