East 145 Co. v. Benayoun

William P. McCooe, J. P.

(dissenting in part). I disagree only with that part of the majority decision which found as a matter of law that the commencement of this eviction proceeding was not in retaliation for the tenant having successfully prosecuted a personal injury action against the landlord based upon a condition in the building. A question of fact is present which precludes summary judgment.

Real Property Law § 223-b (1) (b) entitled “Retaliation by landlord against tenant” states in relevant part that a landlord shall not commence a proceeding to recover real property in retaliation…