Alp Realty Corp. v. Huttick

*77OPINION OF THE COURT

Final judgment entered December 23, 1991 affirmed, with $25 costs.

In this residential nonpayment proceeding, we agree that the counterclaim for breach of the warranty of habitability interposed by the pro se tenant, although inartfully drafted, was sufficiently pleaded and that no substantial right of landlord was prejudiced (CPLR 3026; see generally, 3 Weinstein-Korn-Miller, NY Civ Prac ¶ 3026.01).

Turning to landlord’s remaining contention, we have previously held that breach of the warranty of habitability can be asserted as an affirmative claim to obtain a refund for…