Legal Opinion
Cosmopolitan Associates v. Ortega
Civil Court of the City of New York
Decided May 20, 1977PublishedCited by 7 opinions
1Opinion of the CourtHerbert A. Posner, J.
This is a motion to reargue a decision this court rendered on January 20, 1977, in which we attempted to apply the "wisdom of Solomon” by severing a counterclaim in half.
Petitioner landlord had brought a summary proceeding for nonpayment and respondent tenant had counterclaimed for damages based upon the landlord’s (1) breach of warranty of habitability (Real Property Law, § 235-b) and (2) negligence. The petitioner then moved to sever the counterclaim pursuant to paragraph 21 of the lease, in which the tenant had covenanted away his right to assert any counterclaims in a proceeding brought…
2Cases cited5 opinions
- Great Park Corp. v. GoldbergerCivil Court of the City of New York · 1964
- Goldner v. DoknovitchAppellate Terms of the Supreme Court of New York · 1976
- Amazon Management Corp. v. PaffAppellate Terms of the Supreme Court of New York · 1938
- Linker v. HerardAppellate Terms of the Supreme Court of New York · 1958
- Packer v. Di MisaSuffolk County District Court · 1971
3Cited by7 opinions
- Goodman v. RamirezCivil Court of the City of New York · 1979
- Bomze v. Jaybee Photo Suppliers, Inc.Appellate Terms of the Supreme Court of New York · 1983
- Haskell v. SuritaCivil Court of the City of New York · 1981
- Houston Realty Corp. v. CastroCivil Court of the City of New York · 1978
- 40 Associates, Inc. v. KatzCivil Court of the City of New York · 1981
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