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Landlord & Tenant Law
Illegality Defense Raises Questions of Fact
TM 18 Realty, LLC v. Copper Wang, Inc., 2023 WL 8792623, AppDiv, Second Dept. (memorandum opinion)
In landlord's action for breach of contract, tenant appealed from Supreme Court's denial of its summary judgment motion dismissing causes of action for breach of the lease and for account stated. The Appellate Division modified to grant the motion with respect to the cause of action for account stated, but otherwise affirmed, holding that questions of fact remained about tenant's defense of illegality.
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