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ORLOWSKY v. EAST HOUSE ENTERS.

32 Misc.2d 664 (1961)

Morris Orlowsky, Appellant, v. East House Enterprises, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

February 16, 1961

Attorney(s) appearing for the Case

Joseph Heller for appellant. Berg A. Boghossian for respondent.

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

Per Curiam.

The lease here provides that rent is payable "without any set-off or deduction whatsoever". Having thus agreed, the tenant could not assert and have the court pass upon its counterclaim in the summary proceeding (Amazon Management Corp. v. Paff, 166 Misc. 438; Linker v. Herard, 13 Misc.2d 445).

The final order should be modified by reversing...

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