Johnson v. Peters

Defendant appeals from two orders of the Municipal Court, one denying his motion for summary judgment on his counterclaim and an order again denying the application after reargument.

*973The action is by a landlord against a tenant of a furnished apartment. The complaint sets out a claim for damage to the furniture. The counterclaim is for rent collected in excess of that allowed by the emergency rent laws. The court below denied defendant’s motions for summary judgment on the ground that as plaintiff’s claim exceeded the amount of the counterclaim it would be bad practice to grant the motion.

It…