Legal Opinion

Koslowski v. Palmieri

Appellate Terms of the Supreme Court of New York

Decided January 22, 1979PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order of the court below (94 Misc 2d 555) unanimously *886reversed, without costs, motion to proceed as a poor person granted and matter remanded to the court below for a jury trial with the jury fee waived.

In this nonpayment summary proceeding, tenant in his answer denied the material allegations of the petition and objected to jurisdiction. He also alleged a breach of the warranty of habitability as an affirmative defense and counterclaim, and a jury trial was demanded. A motion to proceed as a poor person and to set the matter down for a jury trial with the jury…

2Cases cited3 opinions

  1. Le Drugstore Etats Unis, Inc. v. New York State Board of PharmacyNew York Court of Appeals · 1973
  2. Sorbonne Apartments Co. v. KranzCivil Court of the City of New York · 1978
  3. Koslowski v. PalmieriCivil Court of the City of New York · 1978

3Cited by7 opinions

  1. Berlinger v. Suburban Apartment Management Co.Ohio Court of Appeals · 1982
  2. Filippazzo v. Garden State Brickface Co.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Estate of Greenberg v. ScheflerAppellate Terms of the Supreme Court of New York · 1979
  4. Balram v. EtheridgeCivil Court of the City of New York · 1982
  5. Street v. DavisCivil Court of the City of New York · 1989

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