601 West 160 Realty Corp. v. Henry

*667OPINION OF THE COURT

Marcia J. Sikowitz, J.

Petitioner simultaneously commenced two identical summary nonpayment proceedings, and respondent interposed defenses and counterclaims for retaliatory eviction and breach of the warranty of habitability. One petition was dismissed based on a defective predicate notice, and the second petition was dismissed based on improper service after a traverse hearing.

A trial was conducted on respondent’s counterclaims. The facts that are not in dispute include: the two instant summary proceedings seek rental arrears for March through July 1999, and petitioner…