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170 WEST VILLAGE ASSOCIATES v. G & E REALTY, INC.

56 A.D.3d 372 (2008)

868 N.Y.S.2d 36

170 WEST VILLAGE ASSOCIATES, Respondent, v. G & E REALTY, INC., Appellant.

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

Decided November 25, 2008.

The commercial tenant's challenged affirmative defenses, which pleaded conclusions of law without supporting facts, were properly stricken as insufficient (see generally Morgenstern v Cohon, 2 N.Y.2d 302 [1957]; see also Petracca v Petracca, 305 A.D.2d 566, 567 [2003]). Leave to replead is ordinarily freely granted (CPLR 3025 [b]) absent a showing...

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