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132132 LLC v. STRASSER

19 Misc.3d 658 (2008)

857 N.Y.S.2d 422

132132 LLC, Petitioner, v. JOSEPH STRASSER et al., Respondents.

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

March 17, 2008.

Attorney(s) appearing for the Case

Rose & Rose, New York City (Peter Rose of counsel), for petitioner.

Sokolski & Zekaria, P.C., New York City (Daphna Zekaria of counsel), for respondents.

OPINION OF THE COURT

JOSEPH E. CAPELLA, J.

In this nonpayment proceeding, the petitioner moves to strike the respondents' first and second affirmative defenses (CPLR 3211 [b]),1 and the respondents cross-move for summary judgment (CPLR 3212) based on these same defenses, and their counterclaim for overcharge and legal fees. The court will first address the respondents' second...

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