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The Laws of New York
Consolidated Laws of New York
CHAPTER 81
Real Property Actions & Proceedings
ARTICLE 7-A
Special Proceedings By Tenants of Dwellings In the City of New York and the Counties of Nassau, Suffolk, Rockland and Westchester For Judgment Directing Deposit of Rents and the Use Thereof For the Purpose of Remedying Conditions Dangerous to Life, Health or Safety
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SECTION 774
Trial
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ARTICLE 7-A
Special Proceedings By Tenants of Dwellings In the City of New York and the Counties of Nassau, Suffolk, Rockland and Westchester For Judgment Directing Deposit of Rents and the Use Thereof For the Purpose of Remedying Conditions Dangerous to Life, Health or Safety
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SECTION 776
Judgment
This entry was published on 2014-09-22
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SECTION 775
Defenses
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-A
§ 775. Defenses. It shall be a sufficient defense to the proceeding,
if the owner or any mortgagee or lienor of record establish that:

a. The condition or conditions alleged in the petition did not in fact
exist or that such condition or conditions have been removed or
remedied; or

b. Such condition or conditions has been caused by a petitioning
tenant or tenants or members of the family or families of such
petitioner or petitioners or of their guests or by other residents of
the dwelling or their families or guests; or

c. Any tenant or resident of the dwelling has refused entry to the
owner or his agent to a portion of the premises for the purpose of
correcting such condition or conditions.