Pierre v. Williams

OPINION OF THE COURT

Edward C. Alfano, J.

Petitioner landlord instituted a nonpayment proceeding against the respondent tenant to recover rent arrears. Respondent’s amended answer alleges the defense of breach of *82warranty of habitability and a counterclaim for damages to her apartment as a result of petitioner’s failure to make repairs.

Respondent now moves for leave to proceed as a poor person and to serve a jury demand nunc pro tune.

Petitioner opposes the motion on the ground that respondent has remained in possession of the apartment after expiration of a written lease and is now a…