Central Park Plaza Corp. v. Monsky

This is a summary proceeding for the non-payment of rent under a written lease covering an apartment in an apartment house building in the city of New York. The tenant has interposed a defense and a counterclaim demanding the repayment of all rent previously paid to the landlord. Both the defense and the counterclaim are based upon the same allegations, the substance of which is that the building and also the tenant’s apartment were erected or constructed in a manner that in certain particulars violates, and, therefore, are occupied contrary to, the provisions of “ The Building Code, the…