East 145 Co. v. Benayoun, 190 Misc. 2d 164 (2001)

Real Property Law § 223-b (1) (b) entitled “Retaliation by landlord against tenant” states in relevant part that a landlord shall not commence a proceeding to recover real property in retaliation for actions taken in good faith by a tenant to enforce rights under the lease or law of the State of New York regulating residential premises. The commencement of the personal injury action against the landlord based upon a condition in *166the subject building implicates a breach of the lease and section 78 of the Multiple Dwelling Law. Whether this eviction proceeding was brought in retaliation for commencing that action presents a question of fact which cannot be summarily determined. Weil v Kaplan (175 Misc 2d 482 [App Term, 2d Dept]) is distinguishable since the statute does not apply to an owner-occupied two-family house.