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NIAGARA CAPITAL LLC v. CRUZ

570449/18.

61 Misc.3d 45 (2018)

87 N.Y.S.3d 792

2018 NY Slip Op 28332

NIAGARA CAPITAL LLC, Appellant, v. ELLIOT CRUZ, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided October 24, 2018.

Attorney(s) appearing for the Case

The Price Law Firm, LLC, New York City ( Joshua C. Price of counsel), for appellant.

Jordi Fernandez Law, P.C., New York City ( Jordi Fernandez of counsel), for respondent.

OPINION OF THE COURT

Order dated May 31, 2018, insofar as appealed from, modified to reinstate the petition and to grant petitioner summary judgment dismissing the first affirmative defense; as modified, order affirmed, with $10 costs.

Civil Court should not have dismissed the proceeding based upon claimed deficiencies in...

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