Metropolitan Life Insurance v. Shapiro

This is a motion to strike out a counterclaim, in the amount of $9,824, interposed by the tenant in a proceeding to dispossess him as a holdover. There is no demand for a judgment for rent.

The petitioner urges, as grounds for striking out the counterclaim, that it is improperly interposed, and that this court has no jurisdiction to entertain it. No question is raised as to its sufficiency.

Petitioner contends in support of his position that although the express language of section 1425 of the Civil Practice Act permits either an equitable or legal defense or counterclaim, the intent of the…