Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)

Citation
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Parent Document
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Jurisdiction
New York (state)
Effective Date
2003-07-03

Full Text

650 chars
Based upon the foregoing, respondent’s first and fifth counterclaims set forth valid claims for relief and are appropriately interposed in this nonpayment proceeding. Accordingly, respondent’s motion is granted to the extent of allowing respondent leave to amend and file her amended answer, absent her third affirmative defense and fourth counterclaim nunc pro tunc. Additionally, petitioner’s reliance on New York City Hous. Auth. v Alexander (NYLJ, July 18, 1996, at 21, col 3 [App Term, 1st Dept]) is misplaced inasmuch as that case involved the applicability of the defense of breach of warranty of habitability to a summary holdover proceeding.