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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

610 W. 142nd St. Owners Corp. v. Braxton, 137 Misc. 2d 567 (1987)

Citation
610 W. 142nd St. Owners Corp. v. Braxton, 137 Misc. 2d 567 (1987)
Parent Document
610 W. 142nd St. Owners Corp. v. Braxton, 137 Misc. 2d 567 (1987)
Jurisdiction
New York (state)
Effective Date
1987-10-29

Other Sections in This Document (32)

Full Text

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Petitioner argues that pursuant to the lease Ms. Braxton has waived her right to interpose counterclaims in a summary proceeding. Secondly, petitioner citing Coronet Props. Co. v Lederer (NYLJ, Feb. 21, 1986, at 12, col 2 [App Term, 1st Dept]) argues that the counterclaim for damages as a result of a burglary is not directly related to this action for nonpay*569ment of rent, therefore, the counterclaim must be severed. Petitioner asserts as well that the respondent is bringing this claim only to harass and intimidate petitioner from seeking rental arrears. In the alternative, petitioner seeks to depose respondent to defend against her counterclaims.