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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)

Citation
Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)
Parent Document
Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)
Jurisdiction
New York (state)
Effective Date
2015-02-24

Other Sections in This Document (58)

Full Text

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On April 9, 2009, Megan commenced a summary proceeding against Conason in Civil Court, Housing Part, for nonpayment *7of rent; by answer dated April 24, 2009, Conason counterclaimed, as relevant here, for breach of the warranty of habitability and rent overcharge. In a decision and order dated June 24, 2009, Civil Court dismissed the proceeding without prejudice,1 retained the counterclaim for breach of the warranty of habitability and declined to entertain the counterclaim for rent overcharge; by decision and order dated October 30, 2009, however, the Judge granted tenants’2 motion to reargue and concluded that the rent overcharge counterclaim was, in fact, properly before him. Additionally, he allowed tenants, now represented by counsel, to amend their answer to add a counterclaim for attorneys’ fees, and scheduled a trial date of December 9, 2009.