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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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In order to determine whether the counterclaim is inextricably intertwined with the claim asserted by petitioner the court must consider whether the counterclaim " 'has a direct relationship to the question of whether the landlord is entitled to *573possession’ ” (Coronet Props. Co. v Lederer, NYLJ, Feb. 21, 1986, at 12, col 2 [App Term, 1st Dept], supra, citing Siegel, NY Prac § 576). In Coronet, the Appellate Term severed a counterclaim for "mental distress and emotional anguish” holding that it was not related to nor was it a defense to petitioner’s nonpayment claim.