Finkelstein v. Levinson

This is a nonpayment proceeding. Immediately prior to the trial the landlord’s petition was amended by consent to increase the rent delinquency claimed to $2,475. Simultaneously, by stipulation, tenant’s answer was amended to increase tenant’s first counterclaim for replacement óf windows from $101.12 to $111, to . add an affirmative defense of breach of covenant of quiet enjoyment, and a second counterclaim for $20,000 as damages resulting from a breach of said covenant.

Evidence received at trial established that the parties entered into a two-year loft lease on February 1, 1972, covering…