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40 ASSOC. v. KATZ

112 Misc.2d 215 (1981)

40 Associates, Inc., Petitioner, v. Curtis Katz, Respondent.

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

July 27, 1981

Attorney(s) appearing for the Case

Novick & Edelstein for petitioner. Finkelstein, Borah, Schwartz, Altschuler & Goldstein for respondent.

STANLEY H. NASON, J.

Petitioner moves to sever the respondent's counterclaims. The lease, which relates to commercial premises, provides a waiver of the right to interpose counterclaims in summary proceedings.

A lease provision waiving the right to interpose counterclaims in summary proceedings is valid (Rasch, New York Landlord and Tenant [2d ed], § 1328). However, the waiver will not be applied to counterclaims for breach of warranty of...

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