Petitioner moves to strike the counterclaim interposed by the respondents in a summary proceeding for nonpayment of rent. In paragraph 28 of the lease, respondent agrees that "in the event landlord commences any dispossess proceedings against tenant, no counterclaim will be brought by tenant". The answer pleads breach of warranty of habitability as both an affirmative defense and a counterclaim.
Although RPAPL 743 expressly permits...
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