Packer v. Di Misa

This motion to sever the respondent’s counterclaim is denied. The petitioners have taken the position that the respondent’s counterclaim is unrelated to the issue of whether the petitioners are entitled to immediate possession of their property. In Janks v. Central City Roofing Co. (271 App. Div. 545), the landlord served a notice on the tenant to vacate the premises because he was terminating the lease for nonpayment of rent. The tenant did not leave, and the landlord brought a summary proceeding.

The tenant counterclaimed for damages resulting from the landlord’s failure to comply with…