Ellis v. Oceanhill Brownsville Tenant Ass'n, 263 A.D.2d 496 (1999)

The Supreme Court did not err in directing the plaintiffs to deposit rent arrears into court. Since the plaintiffs sought equity in the instant action for injunctive relief, the court was entitled to fashion appropriate equitable relief, including directing the plaintiffs to deposit rent arrears into court. We note that the plaintiffs’ claims of, inter alia, retaliatory eviction and entitlement to rent abatements, some of which have been addressed by the Supreme Court’s subsequent orders, may be asserted as defenses in a summary proceeding. Santucci, J. P., Joy, Feuerstein and Schmidt, JJ., concur.