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308 WEST 78TH CORP. v. 360 9 REST, LLC

11925-652636/12, 11926, 652634/12

115 A.D.3d 464 (2014)

981 N.Y.S.2d 531

2014 NY Slip Op 1539

308 WEST 78TH CORP., Appellant, v. 360 9 REST, LLC, Also Known as 360 9TH REST, LLC, et al., Respondents. 308 WEST 78TH CORP., Appellant, v. D&E HOLDINGS AND MANAGEMENT, LLC, et al., Respondents.

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

Decided March 11, 2014.

Orders, Supreme Court, New York County (Joan M. Kenney, J.), entered June 17, 2013, which denied plaintiff's motion for an order granting summary judgment on its claims, striking defendants' affirmative defenses and dismissing the counterclaims, unanimously modified, on the law, to the extent of striking the affirmative defenses other than the second, third and fourteenth, which remain to the extent that they allege that plaintiff...

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