February 28, 2019

CPLR 3213.

A defendant does not defeat the motion for summary judgment in lieu of complaint by alleging defenses and counterclaims that are separate and severable from the plaintiff's claims under a promissory note.

Veg 83, LLC v JTED83, Inc., NY Slip Op 01320 (1st Dep't February 21, 2019)

Here is the decision.