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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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Clause 17 of the lease provides in pertinent part that the "[t]enant gives up any right to bring a counterclaim or set-off in any action or proceeding by landlord against Tenant on any matter directly related to this Lease or Apartment.” Courts are not bound by a lease provision waiving counterclaims and have the equitable power to disregard such a provision where the counterclaim is intertwined with the claim in the petition. (50 Ct. Co. v Wild, NYLJ, Feb. 21, 1978, at 13, col 1 [App Term, 1st Dept]; Randall Co. v Lobel Photography, 120 Misc 2d 112 [Civ Ct, NY County 1983]; Haskell v Surita, 109 Misc 2d 409 [Civ Ct, NY County 1981].)