Weil v. Kaplan

*69OPINION OF THE COURT

Peter B. Skelos, J.

In this summary holdover proceeding brought pursuant to RPAPL 711 (1) petitioner seeks to recover possession of the second floor apartment of a two-family residence located in Floral Park, New York. There is no claim for unpaid rent. Respondents have interposed three counterclaims which allege damages for retaliatory eviction, damages for failure to provide electricity, hot water or heat and further that the landlord has violated unidentified provisions of the local codes. Petitioner now moves pursuant to CPLR 404 and 3211 (a) (3) and (7) for an order…