t’s counterclaim for costs of repairing leased premises damaged by flood was not permissible in a commercial nonpayment summary proceeding].) Therefore, respondent’s unrelated counterclaim for repair costs is stricken by this court.
Although respondent is precluded from asserting counterclaims for damages for its alleged loss of income, legal fees, breach of warranty of habitability, and repair costs in this summary proceeding, respondent is not deprived of a remedy. It is merely relegated to asserting these claims in a separate plenary action. (Titleserv, Inc. v Zenobio, 210 AD2d 310, 311 [2d Dept 1994]; 985 Merrick Realty, LLC v Matt’s Station, Inc., 2011 NY Slip Op 30345[U] [Sup Ct, Nassau County 2011]; see also Ain v Vasquez, 40 Misc 3d 1202[A], 2013 NY Slip Op 51006[U] [Nassau Dist Ct 2013] [provision in commercial lease precluding a tenant from asserting a counterclaim upheld because tenant was not deprived of a remedy in plenary action].)