Brown v. Williams

OPINION OF THE COURT

Gilbert Rabin, J.

The above-entitled action was commenced by a summary proceeding petition for nonpayment of rent. At the time of their initial appearance on April 29, 1986 respondents alleged payment by mail of the rent for March 1986 and April 1986. They further alleged a warranty of habitability defense and various setoffs and counterclaims.

At trial on May 14, 1986, respondents appeared pro se and were granted, by this court, leave to amend their answer to include the affirmative defense that the nonexistence of a certificate of occupancy precluded the landlord from…