13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction: New York (state)
Effective Date: 2004-06-29
Original Source: https://www.courtlistener.com/opinion/6305035/13315-owners-corp-v-kennedy/ ↗

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Petitioner’s motion for use and occupancy is granted. Petitioner’s motion to dismiss respondent’s affirmative defenses is granted in part and denied in part. Petitioner’s motion for summary judgment is denied. Respondent’s first, second, and third affirmative defenses are withdrawn or denied. Respondent is granted partial summary judgment on his fourth through eighth affirmative defenses. But unresolved questions of fact remain regarding how much objectionable conduct the court can attribute to respondent and whether the conduct was objectionable. Only a trial can resolve these questions of fact. I. Background

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