Skip to main content
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

808 chars
Respondent’s second counterclaim for property damages sounds in negligence. It asserts that petitioner owes a duty to use reasonable care under the circumstances (Curry v New York City Hous. Auth., supra) and petitioner breached this duty by failing to replace or properly repair the front door. The court holds that this counterclaim may be raised in this summary proceeding.2 (See, Harfried Realty Co. v Spuyten Amusement Corp., 150 Misc 904 [App Term, 1st Dept] [counterclaim based on negligence allowed in summary proceeding].) In Century Apts. v Yalkowsky (106 Misc 2d 762 [Civ Ct, NY County 1980]), the court allowed counterclaims for punitive damages and intentional infliction of emotional distress reasoning that the warranty of habitability claim served as the foundation for the two counterclaims.