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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

601 West 160 Realty Corp. v. Henry, 189 Misc. 2d 352 (2001)

Citation
601 West 160 Realty Corp. v. Henry, 189 Misc. 2d 352 (2001)
Parent Document
601 West 160 Realty Corp. v. Henry, 189 Misc. 2d 352 (2001)
Jurisdiction
New York (state)
Effective Date
2001-06-21

Full Text

385 chars
Contrary to the lower court’s finding, we note that the presumption of retaliation found in Real Property Law § 223-b (5) has no application to the facts of this case since the grava*354men of the wrong herein was based on landlord’s violation of section 223-b (1) (c). Moreover, said presumption, found in section 223-b (5), by its own terms does not apply to a nonpayment proceeding.