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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)

Citation
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Parent Document
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Jurisdiction
New York (state)
Effective Date
1980-12-08

Other Sections in This Document (26)

Full Text

326 chars
Based upon lease provisions agreeing that the tenant will not interpose a counterclaim in a nonpayment proceeding, a motion has been made to dismiss the counterclaims. Of course, as a matter of law, such a clause cannot serve as a bar to a claim based upon the warranty of habitability. (Real Property Law, § 235-b, subd [2].)