Chinatown Preserv. HDFC v Yu Hua Chen, 2010 NY Slip Op 50730(U) [27 Misc 3d 1213(A)]

counterclaims is weak at best. Although the Housing Part does have limited jurisdiction under
New York City Civil Court Act § 110 (a),[FN1] the Civil Court "is the preferred forum for the
resolution of landlord-tenant disputes where the tenant may obtain full relief in a pending
summary proceeding." (All 4 Sports &
Fitness, Inc. v Hamilton, Kane, Martin Enter., Inc., 22 AD3d 512, 513 [2d Dept 2005].)

Petitioner also contends that the lease provision containing a waiver for counterclaims bars
respondents' counterclaims.[FN2] Generally, "[c]ourts enforce lease provisions
precluding a [*5]tenant from interposing a counterclaim unless
the counterclaim is inextricably intertwined with the landlord's entitlement to rent or possession
of subject apartment of the underlying proceeding." (Wai Chan v Gao Xiao Ying, 10
Misc 3d 1065 [A], 2005 NY Slip Op 52166 [U], *3 [Hous Part, Civil Ct, NY County Dec. 23,
2005].) Waivers of counterclaims are enforceable, especially in summary proceedings, because
"the character of summary proceedings, which are designed to expeditiously resolve disputes
between landlord and tenant, would be undermined if tenants were permitted to litigate complex
counterclaims in the context of summary proceedings." (Bomze v Jaybee Photo Suppliers,
Inc., 117 Misc 2d 957, 958 [App Term 1st Dept 1983].) If the tenant asserts a breach of the
warrant of habitability in the counterclaim, however, waiver clauses in residential leases are not
generally enforced. (E.g., Sutton Fifty-Six Co. v Fridecky, 93 AD2d 720 [1st
Dept 1983] [allowing counterclaim for breach of warrant of habitability where tenants stopped
paying rent when brick wall blocked light, air, and ventilation from premises].) Here,
respondents do not allege breaches of the warrants of habitability.