Legal Opinion

2525-7th Ave. Corp. v. Knight

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1940Published

1DissentDore, J.

The sole question presented on this appeal is whether the Municipal Court of the City of New York in summary proceedings for non-payment of rent has power to grant judgment on a tenant’s counterclaim in excess of $1,000.

Plaintiff, landlord, brought summary proceedings in the Municipal Court to recover from defendant, tenant, $104 representing two months’ unpaid rent. Defendant pleaded a general denial and a counterclaim for $2,000 as damages for personal injuries due to plaintiff’s alleged negligence in the maintenance óf the premises. The trial court, finding in the landlord’s favor for the…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Matter of Byrne v. PaddenNew York Court of Appeals · 1928
  2. In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
  3. Howard Iron Works v. Buffalo Elevating Co.New York Court of Appeals · 1903
  4. Silberstein v. . BegunNew York Court of Appeals · 1922
  5. Broadway & Ninety-Fourth Street, Inc. v. C. & L. Lunch Co.City of New York Municipal Court · 1921

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