Morbeth Realty Corp. v. Rosenshine

This is a summary proceeding to recover possession of a decontrolled apartment based upon nonpayment of rent for the months of January and February, 1971. The total amount of claimed arrears is $140 for the two months.

In essence, tenant’s defenses are:(1) Tenant had no liability for rent because of landlord’s breach of the warranty of habitability;(2) There is a lack of consideration because landlord failed to maintain services and make repairs.

Tenant claims that these same conditions warrant the application of a stay under section 755 of the Real Property Actions and Proceedings Law and that…