MORBETH REALTY CORP. v. ROSENSHINE


67 Misc.2d 325 (1971)

Morbeth Realty Corp., Petitioner, v. "Jane" Rosenshine, Respondent.

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

June 25, 1971


Attorney(s) appearing for the Case

Kassner & Detsky (Mark Fresco of counsel), for petitioner. Mattie L. Thompson and Bernard C. Durham for respondent.


BENTLEY KASSAL, J.

This is a summary proceeding to recover possession of a decontrolled apartment based upon nonpayment of rent for the months of January and February, 1971. The total amount of claimed arrears is $140 for the two months.

In essence, tenant's defenses are:

(1) Tenant had no liability for rent because of landlord's breach of the warranty of habitability;

(2) There is a lack of consideration because landlord failed...

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