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QPII-35-12 99TH ST v. BATISTA

2009-2198 Q C.

33 Misc.3d 25 (2011)

932 N.Y.S.2d 301

2011 NY Slip Op 21286

QPII-35-12 99TH STREET, LLC, Respondent, v. SANDRA BATISTA, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided August 5, 2011.

Attorney(s) appearing for the Case

Catholic Migration Office, Sunnyside ( Joshua Butnick of counsel), for appellant. Cohen Hurkin Ehrenfeld Pomerantz & Tenenbaum, LLP, Brooklyn ( Daniel J. Pomerantz of counsel), for respondent.

WESTON, J.P., PESCE and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is affirmed, without costs, so much of the order as granted tenant's motion for leave to amend her answer to interpose a defense of rent-impairing violations pursuant to Multiple Dwelling Law § 302-a is vacated, and tenant's motion is denied.

In this nonpayment summary proceeding, tenant's answer raised the defense that there were...

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