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534 EAST 11TH STREET HOUSING DEVELOPMENT FUND CORPORATION v. HENDRICK

6390, 116064/08.

90 A.D.3d 541 (2011)

935 N.Y.S.2d 23

2011 NY Slip Op 9181

534 EAST 11TH STREET HOUSING DEVELOPMENT FUND CORPORATION, Respondent, v. PETER HENDRICK, Appellant.

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

Decided December 20, 2011.

On a motion to dismiss affirmative defenses pursuant to CPLR 3211(b), the plaintiff bears the burden of demonstrating that the defenses are without merit as a matter of law (see e.g. Vita v New York Waste Servs., LLC, 34 A.D.3d 559, 559 [2006]; Santilli v Allstate Ins. Co., 19 A.D.3d 1031, 1032 [2005]). In deciding a motion to dismiss a...

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