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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

389 chars
We agree that landlord was not entitled to an award of use and occupancy. In moving to dismiss tenants’ counterclaim for lack of heat, hot water and electricity, landlord repeatedly asserted that he was merely seeking possession and not rent or damages. Having succeeded in getting tenants’ claim severed on this basis, landlord cannot now be heard to demand an award of use and occupancy.