Rockaway One Co. v. Wiggins

OPINION OF THE COURT

Memorandum.

Final judgment unanimously modified by increasing the amount of the monetary award to $726.14 and by vacating the oral order and providing that landlord’s motion to sever and dismiss tenant’s counterclaim challenging the individual apartment improvement increase is granted without prejudice to tenant’s assertion of the claim before the Division of Housing and Community Renewal (DHCR). As so modified, final judgment affirmed without costs.

In this nonpayment proceeding, tenant, by way of affirmative defense and counterclaim, challenges an individual apartment…