Broadway-94th Street Realty Co. v. C. & L. Lunch Co.

This is a summary proceeding instituted by the landlord to recover possession of certain demised premises in the borough of Manhattan, city of New York, for non-payment of rent. The amount of unpaid rent and water charges and interest, to wit, $8,954.81, was conceded to be due. The defendant, however, answered setting up a counterclaim for damages sustained through the landlord’s alleged breach of one or more covenants of the lease. The trial was had before the court and a jury, and the jury assessed the tenant’s damages at $16,000 and deducted therefrom the amount due the landlord and…