Alumor Garage, Inc. v. George L. Stivers, Inc.

This is a proceeding brought to recover possession of the property 195M99 Washington street, borough of Manhattan, New York city, for the non-payment of rent and taxes amounting to $8,172.67. At the time of the trial I found as matter of fact that the amount due to the landlord at the commencement of the proceeding, November 23, 1926, was $4,190.56.

The important issue in the case arises because of the separate *401defense and counterclaim interposed by the tenant. The tenant seeks to offset and counterclaim the sum of $16,750 deposited by it “ for the faithful performance by the lessee of each…