RING v. ARTS INTL.


7 Misc.3d 869 (2004)

792 N.Y.S.2d 296

MICHAEL RING et al., Petitioners, v. ARTS INTERNATIONAL, INC., Respondent.

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

November 5, 2004


Attorney(s) appearing for the Case

Greer & Associates, P.C., New York City (Ida Rae Greer of counsel), for petitioners.

Shearman & Sterling LLP, New York City (Salem Katsh of counsel), for respondent.


OPINION OF THE COURT

LUCY BILLINGS, J.

In this nonpayment proceeding to recover possession of leased commercial premises, petitioner landlords have moved for summary judgment on respondent's liability for the rent and additional rent claimed in the petition, but leaving determination of the amounts for trial. (CPLR 3212 [b], [e].) Petitioners also have moved to dismiss respondent tenant's five remaining affirmative defenses (CPLR 3211 [b]), and three remaining...

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