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FOUNTAINS-CLOVE RD v. GUNTHER

2015-449 RI C.

54 Misc.3d 49 (2017)

47 N.Y.S.3d 212

2017 NY Slip Op 27005

FOUNTAINS-CLOVE ROAD APARTMENTS, INC., Respondent, v. MARY ANN GUNTHER, Also Known as MARY ANN DINGER GUNTHER, as Surviving Issue of MAY DINGER, Deceased, et al., Appellants.

Supreme Court, Appellate Term, Second Department.

Decided January 6, 2017.

Attorney(s) appearing for the Case

Mary Ann Gunther, also known as Mary Ann Dinger Gunther, appellant pro se.

Robert Gunther, also known as Robert C. Gunther, Jr., appellant pro se.

Schechter & Brucker, P.C., New York City ( Jose Saladin of counsel), and Kaufman Borgeest & Ryan LLP, New York City ( Jonathan B. Bruno and Deborah M. Isaacson of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment, insofar as appealed from, is modified by vacating the provision thereof dismissing the counterclaims, so much of the January 28, 2015 order as granted landlord's motion for summary judgment dismissing the counterclaims is vacated and that motion is granted only to the extent of severing the counterclaims; as so modified, the final judgment, insofar...

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