Linzer v. Bal

OPINION OF THE COURT

Rolando T. Acosta, J.

Respondent New York City Loft Board, which was not an original party in the commercial summary proceeding between petitioner and respondent Bal, was brought into this proceeding by virtue of respondent Bal’s assertion of a counterclaim against the Loft Board in respondent Bal’s answer to the petition. Respondent Loft Board moves to dismiss the counterclaim upon the ground that the Loft Board was not properly brought into the proceeding by respondent Bal. The motion, which the court hereby restores to the calendar,1 requires the court to determine…