The respondent tenant in this nonpayment summary proceeding concedes the petitioner landlord's prima facie case for rent. She defends on the grounds that the landlord has breached the statutory warranty of habitability (Real Property Law, § 235-b) by failing to mitigate the noise caused by the barking of the building superintendent's two dogs. She also counterclaims for a mandatory injunction to compel the removal of the dogs...
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