Great Park Corp. v. Goldberger

This is a motion by the landlord to dismiss a counterclaim interposed by the tenant in a holdover summary proceeding.

Section 743 of the Beal Property Actions and Proceedings Law provides: ‘ ‘ The answer may contain any legal or equitable defense, or counterclaim. The court may render affirmative judgment for the amount found due on the counterclaim.” This section is derived from section 1425 of the Civil Practice Act which read: “ Such defense or counterclaim may be set up and established in like manner as though the claim for rent in such proceeding was the subject of an action.” The words “…