Hoya Saxa, Inc. v. Gowan

*192OPINION OF THE COURT

Final judgment entered November 14, 1988 reversed, without costs, and a new trial is ordered.

In this summary nonpayment proceeding against a tenant who had participated in a rent strike against the landlord, the trial court erred in rejecting, on the grounds of relevance and lack of foundation, tenant’s offer in evidence of a computer printout of all violations of record placed against the building in which the subject premises are located to support his defense of breach of the warranty of habitability.

Multiple Dwelling Law § 328 (3) provides: "In any action or proceeding…