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LANGOTSKY v. 537 GREENWICH LLC

45 A.D.3d 405 (2007)

845 N.Y.S.2d 313

ALON LANGOTSKY et al., Appellants, v. 537 GREENWICH LLC et al., Respondents.

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

Decided November 15, 2007.

Both the Supreme Court action and the summary proceeding involve a dispute over the possession of premises, the resolution of which will determine all the rights of the parties (see generally Cohen v Goldfein, 100 A.D.2d 795 [1984]). Plaintiff tenants are free to raise as a defense in the summary proceeding the alleged existence of a fiduciary relationship among the parties arising from their alleged joint venture agreement, and...

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