This is a motion to reargue a decision this court rendered on January 20, 1977, in which we attempted to apply the "wisdom of Solomon" by severing a counterclaim in half.
Petitioner landlord had brought a summary proceeding for nonpayment and respondent tenant had counterclaimed for damages based upon the landlord's (1) breach of warranty of habitability (Real Property Law, § 235-b) and (2) negligence. The petitioner...
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