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97-101 REALTY, LLC v. SANCHEZ

2018-114 KC.

66 Misc.3d 30 (2019)

2019 NY Slip Op 29379

97-101 REALTY, LLC, Respondent, v. ESCARLETH SANCHEZ, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided November 29, 2019.

Attorney(s) appearing for the Case

Make the Road New York ( Ezra Kautz of counsel) for appellant.

Law Offices of Scott D. Gross ( Scott D. Gross of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, without costs, landlord's motion for summary judgment dismissing tenant's rent-overcharge affirmative defense and counterclaim is denied, and the matter is remitted to the Civil Court for a new determination of the branches of tenant's motion seeking summary judgment dismissing the petition and on her rent-overcharge counterclaim, after affording the parties an...

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