Cornell v. Dimmick

The petitioner brought a proceeding to evict the respondent from premises at 44 Cleveland Avenue, Binghamton, New York. The respondent admits in her answer each and every allegation of the petition and that all papers were properly served. The petition is based upon a 30-day notice to terminate tenancy, on January 31, 1973. In her answer the respondent sets up as an affirmative defense, the defense of retaliatory eviction pursuant to section 3-A.2 of the Binghamton Housing Maintenance and Rehabilitation Code. In essence that section provides that, in case of a notice to quit the dwelling…