Greenburger v. Diether

OPINION OF THE COURT

Order dated July 3, 2003 reversed, with $10 costs, tenant’s motion granted and landlord’s cross motion denied.

In defense of a holdover summary proceeding instituted by landlord, the tenant interposed three affirmative defenses and six counterclaims, including counterclaims alleging negligent and intentional infliction of emotional distress and prima facie tort. The counterclaims were severed “without prejudice” by an unappealed order of March 20, 2001, and the holdover proceeding was voluntarily discontinued by landlord in May 2001. Tenant moved, in July 2002, “to place…