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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 the case at bar there is a direct nexus between the warranty of habitability claims and the negligence counterclaim. Since the same condition gives rise to both claims the proof required to establish the two counterclaims is similar. The negligence counterclaim is sufficiently intertwined with the issues involved in this nonpayment action to be tried in the same proceeding. This serves the interest of judicial economy as well as insuring a consistent resolution of the entire controversy. III. MOTION FOR DISCOVERY.