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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Payne v. Rivera, 28 Misc. 3d 469 (2010)

Citation
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Parent Document
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Jurisdiction
New York (state)
Effective Date
2010-05-14

Full Text

899 chars
Gary F. Marton, J.
*470This is a holdover proceeding. Petitioner alleges that she is the landlord, that the premises is located in a one-family house, that the premises is not subject to rent regulation, and that she may regain possession thereof because the respondents’ tenancy has ended. Respondents interposed an answer asserting what are characterized as five defenses and four counterclaims. The first defense is that the premises is rent stabilized, the second is retaliatory eviction, the third is the failure to plead with sufficient specificity, the fourth is the absence of a certificate of occupancy, and the fifth is breach of the warranty of habitability; the first counterclaim is for rent overcharge and treble damages, the second is for retaliatory eviction, the third is for breach of the warranty of habitability, and the fourth is for an order to correct housing code violations.