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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Weil v. Kaplan, 175 Misc. 2d 482 (1997)

Citation
Weil v. Kaplan, 175 Misc. 2d 482 (1997)
Parent Document
Weil v. Kaplan, 175 Misc. 2d 482 (1997)
Jurisdiction
New York (state)
Effective Date
1997-10-27

Full Text

523 chars
The court below ruled that the retaliatory-eviction statute should be strictly construed and that it does not allow for the maintenance of the claim in this case. Accordingly, it dismissed the counterclaim for retaliatory eviction. It also severed the counterclaim for lack of heat, hot water, and electricity on the ground that this claim was unrelated to landlord’s claim for possession. Finally, it dismissed the counterclaim alleging code violations on the ground that tenants lacked standing to impose such violations.