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BLATT v. FISHKIN

101 Misc.2d 888 (1979)

Martin Blatt, Petitioner, v. Lee Fishkin, Respondent.

Civil Court of the City of New York, Kings County.

September 11, 1979.

Attorney(s) appearing for the Case

Kenneth Mintz for petitioner. Rhoda G. Lander for respondent.

BERNARD FUCHS, J.

Two counterclaims for breach of warranty of habitability have been severed from a summary nonpayment proceeding in Housing Part to stand as an independent action. Landlord moves under CPLR 3211 (subd [a], par 7) to dismiss the resulting complaint for failure to state a cause of action. Although addressed generally to the complaint, the motion, in fact, attacks only the first of the two former...

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