ANTUR REALTY CORP v. RIVERA


110 Misc.2d 532 (1981)

Antur Realty Corp., Petitioner, v. Maria Rivera, Respondent.

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

August 14, 1981


Attorney(s) appearing for the Case

Daniel L. Greenberg for respondent. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., for petitioner.


BRUCE McM. WRIGHT, J.

In this nonpayment proceeding, the tenant moves to dismiss, alleging that a landlord may not gain possession of a dwelling unit when, by its own conduct, bordering upon a prima facie tort, it makes it impossible for the tenant to pay the very rent it seeks in its petition.

The landlord's agent, in several documents annexed to the moving papers, is revealed as being somewhat diabolical. The tenant withheld her rent by reason...

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