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610 W. 142ND ST. v. BRAXTON

140 Misc.2d 826 (1988)

610 West 142nd Street Owners Corp., Appellant, v. James Braxton et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 9, 1988

Attorney(s) appearing for the Case

Fischman & Fischman (Doreen J. Fischman of counsel), for appellant. Mary Marsh Zulack, Beatrice Dohrn and Sandra Farber for respondents.

OSTRAU, P. J., SANDIFER and MILLER, JJ., concur.

Per Curiam.

Order entered October 29, 1987 modified by severing tenants' counterclaims to the extent said counterclaims seek recovery for damages resulting from an alleged burglary in the subject premises; as modified, order affirmed, without costs.

While tenants may, in this nonpayment proceeding, counterclaim for damages sustained by reason of landlord's breach of the implied warranty of habitability, the proper...

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