Randall Co. v. Alan Lobel Photography, Inc.

OPINION OF THE COURT

Harold Tompkins, J.

The question presented by this motion to dismiss or sever the counterclaims interposed in respondent’s answer is whether counterclaims that would clearly be heard in a residential context should be held in abeyance pending the determination by the trial court of whether the premises are commercial or residential. Respondent has asserted that the premises are covered by the new Loft Law (Multiple Dwelling Law, art 7-C, L 1982, ch 349). If residential, proof on the counterclaims for breach of the implied warranty of habitability (Real Property Law, §…