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MILLER v. GORGA

21 Misc.2d 289 (1959)

Anne G. Miller, Respondent, v. William Gorga et al., Appellants.

Supreme Court, Appellate Term, First Department.

December 3, 1959.

Attorney(s) appearing for the Case

Michael A. Schwartz and Donald J. Ross for appellants.

Edgar P. Feeley and Morris B. Gerstenhaber for respondent.

Concur — STEUER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

In a summary proceeding for nonpayment of rent in the Municipal Court of the City of New York, although section 1425 of the Civil Practice Act permits a tenant to interpose in his answer an equitable defense, there is no jurisdiction in the court in summary proceedings to adjust the equities of the parties as to title. (Blumenauer v. Richelson, 219 App. Div. 462; Jones v. Gianferante,

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