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GREAT PARK CORP. v. GOLDBERGER

41 Misc.2d 988 (1964)

Great Park Corporation, Landlord, v. Burton Goldberger, Tenant.

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

February 10, 1964

Attorney(s) appearing for the Case

Luster & Gaier (Joseph Gaier of counsel), for landlord. Kramer & Kaprow (David L. Weissman of counsel), for tenant.

GEORGE STARKE, J.

This is a motion by the landlord to dismiss a counterclaim interposed by the tenant in a holdover summary proceeding.

Section 743 of the Real Property Actions and Proceedings Law provides: "The answer may contain any legal or equitable defense, or counterclaim. The court may render affirmative judgment for the amount found due on the counterclaim." This section is derived from section 1425 of the Civil Practice Act which read...

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