Davis v. Colgan

Knight, P. J.,

This is an action to recover treble damages under the provisions of the Housing and Rent Act of 1947.

An affidavit of defense was filed, denying all liability, for several reasons. Defendant, Howard Lee Colgan, the landlord, has filed a counterclaim in a sum exceeding the claim of plaintiff, for damages to the leased premises due to the tenants’ alleged breach of the covenants of the lease; waste and estrepment to the leased property, due to the tenants’ alleged negligent and reckless use of the same.

Plaintiffs have filed this preliminary objection, which raises the single…