Legal Opinion
Haskell v. Surita
Civil Court of the City of New York
Decided May 29, 1981PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Jay Stuart Dankberg, J.
Should a Housing Judge hear proof of every category of counterclaim that may be pleaded in a summary proceeding? Does the answer change if, in a residential printed form lease, there is a clause which purports to bar all such counterclaims?
These questions are raised by a motion by petitioner landlord for an order severing all counterclaims of respondents tenants in this nonpayment summary proceeding. The basis of the motion is a clause in the 1979 revision of the Real Estate Board “standard form” lease which provides that no counterclaim will be…
2Cases cited18 opinions
- Wasservogel v. MeyerowitzNew York Court of Appeals · 1949
- Michaels v. . FishelNew York Court of Appeals · 1902
- Great Park Corp. v. GoldbergerCivil Court of the City of New York · 1964
- Steinberg v. CarrerasAppellate Terms of the Supreme Court of New York · 1974
- Amazon Management Corp. v. PaffAppellate Terms of the Supreme Court of New York · 1938
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Dolan v. LinnenCivil Court of the City of New York · 2003
- All 4 Sports & Fitness, Inc. v. Hamilton, Kane, Martin Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Middletown Plaza Associates v. Dora Dale of Middletown, Inc.District Court, D. Connecticut · 1985
- 950 Third Ave Co. v. Eastland Industries, Inc.Civil Court of the City of New York · 1983
9 more not listed; retrieve them via the Exa API.