Legal Opinion
150 West End Owners Corp. v. Chestnut Holdings of N.Y. Inc.
Civil Court of the City of New York
Decided September 25, 2015Published
1Opinion of the Court
OPINION OF THE COURT
Katherine A. Levine, J.
This case addresses the issues of whether a defendant in a summary nonpayment proceeding waives all jurisdictional defenses as a consequence of interposing counterclaims which are “unrelated,” and what constitutes a “related” or “unrelated” counterclaim in such a proceeding.
Petitioner 150 West End Owners Corp. commenced this nonpayment proceeding in September 2014 against respondent tenant Chestnut Holdings of N.Y. Inc., alleging nonpayment of $50,583.06 on the subject property located at 150 West End Ave., Brooklyn (subject property). Respondent…
2Cases cited10 opinions
- Textile Technology Exchange, Inc. v. DavisNew York Court of Appeals · 1993
- Johnson v. CabreraAppellate Division of the Supreme Court of the State of New York · 1998
- Titleserv, Inc. v. ZenobioAppellate Division of the Supreme Court of the State of New York · 1994
- Prakhin v. Fulton Towers Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Polak v. Bush Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1991
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