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111 E. 88TH v. FINE

110 Misc.2d 960 (1981)

111 East 88th Street Partners, Petitioner, v. Kenneth Fine, Respondent. 111 East 88th Street Partners, Petitioner, v. June Palmisano, Respondent. 111 East 88th Street Partners, Petitioner, v. Marilyn Nussbaum et al., Respondents.

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

September 15, 1981

Attorney(s) appearing for the Case

Jeffrey Ziff for petitioner. Fischbein, Olivieri & Rosenholc (Eric A. Rundbaken of counsel), for respondents.

MARGARET TAYLOR, J.

At bar are three nonpayment proceedings. The tenants have interposed the affirmative defense of breach of warranty of habitability as well as a counterclaim for breach of contract seeking a rent abatement for the period during which they withheld rent plus compensatory and punitive damages.

In a previous proceeding in this court brought against 20 other tenants of the same building (111 East 88th Partners v Simon,

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