HASKELL v. SURITA


109 Misc.2d 409 (1981)

Robert Haskell, Petitioner, v. Wilfredo Surita et al., Respondents.

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

May 29, 1981


Attorney(s) appearing for the Case

Coulston, Subin & Shapiro (Irwin S. Cohen of counsel), for petitioner. Steven G. Eckhaus for respondents.


JAY STUART DANKBERG, J.

Should a Housing Judge hear proof of every category of counterclaim that may be pleaded in a summary proceeding? Does the answer change if, in a residential printed form lease, there is a clause which purports to bar all such counterclaims?

These questions are raised by a motion by petitioner landlord for an order severing all counterclaims of respondents tenants in this nonpayment summary proceeding. The basis of the motion...

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