401 Boardwalk Corp. v. Gutzwiller

Petitioner has initiated this holdover proceeding to regain possession of respondent’s apartment, initially held by her pursuant to a verbal lease.

Respondent’s answer alleges that the landlord failed to furnish adequate heat, and based thereon, has interposed the *85defense of retaliatory eviction for tenant’s complaint to the building department, and three counterclaims seeking damages, the first based upon breach of implied covenant of quiet enjoyment; the second, for breach of implied warranty of habitability and the third, based upon the elements of retaliatory eviction.

Petitioner now moves…