Antur Realty Corp. v. Rivera

OPINION OF THE COURT

Bruce McM. Wright, J.

In this nonpayment proceeding, the tenant moves to dismiss, alleging that a landlord may not gain possession of a dwelling unit when, by its own conduct, bordering upon a prima facie tort, it makes it impossible for the tenant to pay the very rent it seeks in its petition.

The landlord’s agent, in several documents annexed to the moving papers, is revealed as being somewhat diabolical. The tenant withheld her rent by reason of a lack of repairs. The agent recognized the absence of repairs and the propriety of withholding the rent. Despite those…