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/9500925/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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Fifth and Ninth Affirmative DefensesThe 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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