UNITED E. LLC v. CHURI

570268/08.

24 Misc.3d 80 (2009)

UNITED EAST LLC, Respondent, v. MAYA CHURI et al., Appellants.

Supreme Court, Appellate Term, First Department.

Decided June 19, 2009.


Attorney(s) appearing for the Case

Stern & Stern, Brooklyn (David Lyle Stern of counsel), for appellants.

Laurence Reinlieb, New York City, for respondent.

McKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order dated March 13, 2008, reversed, with $10 costs, and landlord's motion to dismiss the second affirmative defense is denied.

Although the statement set forth in the bill of particulars jointly provided by all respondents that tenants have not yet "permanently vacated" the stabilized apartment premises and the succession defense interposed by undertenant Ariel Churi...

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