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AKTER v. ZARA REALTY HOLDING CORP.

2018-05725. Index No. 704563/18.

203 A.D.3d 791 (2022)

160 N.Y.S.3d 887

2022 NY Slip Op 01434

Shikha Akter et al., Appellants-Respondents, v. Zara Realty Holding Corp. et al., Respondents-Appellants, and Anthony Subraj, Respondent.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Queens Legal Services, Jamaica, NY (Ernie Mui and Stroock & Stroock & Lavan LLP [ Kevin L. Smith ], of counsel), for appellants-respondents.

Wood Smith Henning & Berman LLP, New York, NY ( Christopher J. Seusing , Michelle Arbitrio , and Leah A. Henry of counsel), for respondents-appellants.

Brathwaite Nelson, J.P., Iannacci, Rivera and Ford, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the third cause of action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiffs, 15 tenants in a rent...

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