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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

150 West End Owners Corp. v. Chestnut Holdings of N.Y. Inc., 49 Misc. 3d 1147 (2015)

Citation
150 West End Owners Corp. v. Chestnut Holdings of N.Y. Inc., 49 Misc. 3d 1147 (2015)
Parent Document
150 West End Owners Corp. v. Chestnut Holdings of N.Y. Inc., 49 Misc. 3d 1147 (2015)
Jurisdiction
New York (state)
Effective Date
2015-09-25

Full Text

628 chars
Since respondent has asserted unrelated counterclaims, the court grants petitioner’s motion to strike respondent’s affirma*1152tive defenses of lack of personal jurisdiction and counterclaims insofar as they seek damages for respondent’s loss of income, legal fees and repair costs, and petitioner’s breach of warranty of habitability. This partial dismissal is without prejudice to claims for those damages in another action. The court otherwise denies petitioner’s motion. This case shall proceed to trial solely on the issue of respondent’s nonpayment of rent and its related counterclaim for actual or constructive eviction.