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170 WEST v. G E REALTY

Appellate Division of the Supreme Court of New York, First Department.
Nov 25, 2008
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The commercial tenant's challenged affirmative defenses, which pleaded conclusions of law without supporting facts, were properly stricken as insufficient ( see generally Morgenstern v Cohon, 2 NY2d 302; see also Petracca v Petracca, 305 AD2d 566, 567). Leave to replead is ordinarily freely granted (CPLR 3025 [b]) absent a showing it would cause surprise-or prejudice ( Arriaga v Laub Co., 233 AD2d 244), which plaintiff condominium sponsor failed to allege adequately. Moreover, defendant's motion papers reasonably explained the basis for asserting the six affirmative defenses unconditionally dismissed by the court.