court if sued upon separately." Civil Court is a court of limited jurisdiction and it may
exercise jurisdiction over only those types of actions specifically granted to it by article
VI (§ 15) of the NY State Constitution, as implemented by the CCA. (Jimenez v Nunez, 42 Misc 3d
145[A], 2014 NY Slip Op 50341[U] [App Term, 2d Dept, 2d, 11th & 13th Jud
Dists 2014]; see also 93 Ralph,
LLC v New York City Hous. Auth. Law Dept., 41 Misc 3d 692, 700 [Civ Ct,
Kings County 2013].) Pursuant to CCA 204, the Civil Court shall have jurisdiction over
summary proceedings only to "recover possession of real property located within the city
of New York, to remove tenants therefrom, and to render judgment for rent due without
regard to amount." The Civil Court does not have jurisdiction to hear a counterclaim for
loss of income as it is not relevant to nonpayment of rent. (See 537 Greenwich LLC v Chista,
Inc., 19 Misc 3d 1133[A], 2008 NY Slip Op 50989[U] [Civ Ct, NY County
2008] [even if respondent had viable personal jurisdictional defense based on improper
service of the notice of petition and petition, it effectively waived such defense by
asserting unrelated counterclaims, including loss of business and income].) Therefore,
respondent's unrelated counterclaim for loss of income is stricken by the court.
Respondent's counterclaim for legal fees is unrelated because there is no statutory
authority for respondent to recover legal fees in this commercial holdover proceeding
and the lease does not provide for recovery of fees. Pursuant to Real Property Law
§ 234, attorney's fees may be awarded, in appropriate circumstances, to a
tenant who is a prevailing party in a controversy; however, Real Property Law
§ 234 is applicable only in the residential setting and not in the commercial