Legal Opinion
Trump Village Section 2, Inc. v. Semler
Civil Court of the City of New York
Decided May 12, 1981PublishedCited by 3 opinions
1Opinion of the Court
opinion of the court
Bernard Fuchs, J.
Petitioner moves to strike the counterclaim interposed by the respondents in a summary proceeding for nonpayment of rent. In paragraph 28 of the lease, respondent agrees that “in the event landlord commences any dispossess proceedings against tenant, no counterclaim will be brought by tenant”. The answer pleads breach of warranty of habitability as both an affirmative defense and a counterclaim.
Although RPAPL 743 expressly permits counterclaims in a summary proceeding to recover possession of property, lease provisions which waive that right are generally…
2Cases cited5 opinions
- Steinberg v. CarrerasCivil Court of the City of New York · 1973
- Steinberg v. CarrerasAppellate Terms of the Supreme Court of New York · 1974
- Amazon Management Corp. v. PaffAppellate Terms of the Supreme Court of New York · 1938
- Linker v. HerardAppellate Terms of the Supreme Court of New York · 1958
- Cosmopolitan Associates v. OrtegaCivil Court of the City of New York · 1977
3Cited by3 opinions
- Vanderhoff v. CaslerAppellate Division of the Supreme Court of the State of New York · 1983
- W & S Associates, L.P. v. Absolute Greek, Inc.New York Supreme Court · 2000
- 159 MP Corp. v. Redbridge Bedford, LLCAppellate Division of the Supreme Court of the State of New York · 2018