Squadron Boulevard Realty Co. v. Emrite, Inc.

OPINION OF THE COURT

Harry Edelstein, J.

Petitioner moves pursuant to CPLR 3211 (subd [a], par 6) to dismiss the counterclaims asserted by respondents. This action was originally instituted by notice of petition and petition for summary proceeding for nonpayment of rent according to a *976written lease. On the return date of the petition, the respondents served an answer containing four counterclaims.

Petitioner contends that paragraph 25 of the printed form lease between petitioner and respondents, which provides in part: "It is further mutually agreed that in the event Landlord commences any…