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448 W. 54th St. Corp. v Doig-Marx
2006 NY Slip Op 50199(U) [11 Misc 3d 126(A)]
Decided on February 21, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 21, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
570642/04.

448 W. 54th Street Corp., Petitioner-Landlord-Appellant, No.

against

Geoffrey Doig-Marx, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court, New York County (Anthony J. Fiorella, Jr., J.), dated June 28, 2004, which denied its motion strike tenant's second and third affirmative defenses, and granted tenant's cross motion for summary judgment on his second affirmative defense in a summary holdover proceeding.


PER CURIAM:

Order (Anthony J. Fiorella, Jr., J.), dated June 28, 2004, affirmed, with $10 costs. (See Colonnade Management, LLC v Warner, appeal numbered 04-344, decided herewith.)

This constitutes the order of the court.
Decision Date: February 21, 2006