Edgemont Associates v. Skolnick

Summary proceeding for nonpayment of *762rent. The tenant pleads a general denial and three affirmative defenses: (1) payment, (2) that the proceeding is a retaliatory eviction against the tenant for asserting his statutory rights pursuant to the lease agreement, and (3) that the lease provision waiving any counterclaim in a summary proceeding is void as against public policy, is in violation of a statutory right and is unconscionable pursuant to section 235-c of the Real Property Law. In addition to the affirmative defenses, the tenant pleads five counterclaims: (1) breach of warranty of…