Petitioner, an administrator, moves to dismiss the counterclaims asserted by the respondent on the grounds that a counterclaim by a tenant on a breach of the warranty of habitability cannot be asserted as a matter of law against an article 7-A administrator.
The court respectfully disagrees and finds that said counterclaim does state a cause of action and the motion to dismiss based on CPLR 3211 (subd [a], par 7) is denied....
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