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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Fifth and Ninth Affirmative Defenses
The fifth and ninth affirmative defenses allege that Respondent is entitled to an abatement in the license fee because of Petitioner's conduct during the purported self-help eviction (see Answer ¶ 19 and ¶ 23). These defenses relate to the value of the licensed property being reduced by conditions that the Petitioner should have remedied. However, Petitioner withdrew its request for a money judgment for use and occupancy without prejudice (see Laskowitz affirmation ¶¶ 41-44; 56-59). Consequently, the fifth and ninth affirmative defenses are dismissed as moot, without prejudice.

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