South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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Second Affirmative Defense
Respondent's second affirmative defense alleges that Petitioner's claims are barred by [*5]documentary evidence (see Answer ¶ 14). Petitioner complains that this affirmative defense does not refer to any specific documents that purportedly bar the claim (see Laskowitz affirmation ¶ 29). Though Respondent did not refer to any specific documents in its second affirmative defense, it is clear based on the Court's analysis denying Petitioner's motion for summary judgment that, inter alia, deficiencies in the predicate notices supporting the Petition may serve as documentary evidence that bars this proceeding (see Summary Judgment Denied supra at 3-6). Accordingly, the Court denies dismissal of the second affirmative defense.

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