Amazon Management Corp. v. Paff

Order unanimously reversed upon the law, with ten dollars costs to landlord, and motion to strike out the tenant’s counterclaim granted, with ten dollars costs.

This is an action for rent. The lease provided that “ in the event the Landlord commence any summary proceeding for non-payment of rent, the Tenant hereby agrees not to interpose any counterclaim of whatever nature or description in any such proceeding.” The tenant admitted his liability for rent but interposed a counterclaim for property damage in the sum of $100. The motion to strike out the counterclaim as being contrary to the…