2015 NY Slip Op 25339

150 W. End Owners Corp. v Chestnut Holdings of N.Y. Inc. (2015 NY Slip Op
25339)

150 W. End Owners Corp. v Chestnut Holdings of N.Y.
Inc.

2015 NY Slip Op 25339 [49 Misc 3d 1147]

September 25, 2015

Levine, J.

Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 6, 2016

[*1]

150 West End Owners Corp., Petitioner,
v
Chestnut
Holdings of N.Y. Inc., as its Interests May Appear,
Respondent.

Civil Court of the City of New York, Kings County, September 25, 2015

APPEARANCES OF COUNSEL

Horing Welikson & Rosen P.C., Williston Park, for petitioner.

Law Office of Lauren K. Popper, New York City, for respondent.

{**49 Misc 3d at
1148} OPINION OF THE COURT
Katherine A. Levine, J.

This case addresses the issues of whether a defendant in a summary nonpayment
proceeding waives all jurisdictional defenses as a consequence of interposing
counterclaims which are "unrelated," and what constitutes a "related" or "unrelated"
counterclaim in such a proceeding.

Petitioner 150 West End Owners Corp. commenced this nonpayment proceeding in
September 2014 against respondent tenant Chestnut Holdings of N.Y. [*2]Inc., alleging nonpayment of $50,583.06 on the subject
property located at 150 West End Ave., Brooklyn (subject property). Respondent served
an answer which included the affirmative defense of lack of personal jurisdiction based
upon improper service of the petition, notice of petition and five-day rent demand, and
that the amount of rent sought was not correct. Respondent also brought counterclaims
alleging loss of income due to the subject property being "untenantable"; damages for
being locked out of and illegally evicted; unspecified conditions and housing code