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ISKALO ELEC. TOWER LLC v. STANTEC CONSULTING SERVS., INC.

394 CA 18-01771.

174 A.D.3d 1420 (2019)

107 N.Y.S.3d 202

2019 NY Slip Op 05867

Iskalo Electric Tower LLC et al., Appellants, v. Stantec Consulting Services, Inc., Respondent.

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

Decided July 31, 2019.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying those parts of defendant's motion with respect to the tenth affirmative defense/seventh counterclaim insofar as it sought an offset for rent that plaintiff Iskalo Electric Tower LLC failed to collect from nonparty Iskalo 65 LB LLC (uncollected rent) and with respect to the eleventh affirmative defense/eighth counterclaim and the twelfth affirmative defense/ninth...

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