Hanlon & White Associates, Inc. v. Schultz

OPINION OF THE COURT

Irving A. Green, J.

In an action brought by the plaintiff to recover damages for claimed breach of a lease agreement made between the plaintiff, as tenant, and the defendant, as landlord, the plaintiff moves for an order to consolidate with this action a summary proceeding brought by the defendant against the plaintiff for nonpayment of two months’ rent. The summary proceeding now is pending in the Justice Court, Town of Clarkstown, New York.

It is not disputed that the lease agreement contains the following express provision: “In the event Tenant has any claim against the…