SCHEFF v. 230 EAST 73RD OWNERS CORP.


203 A.D.2d 151 (1994)

610 N.Y.S.2d 252

Felice Scheff, Plaintiff, v. 230 East 73rd Owners Corp. et al., Defendants, et al., Third-Party Plaintiff, et al., Third-Party Defendant. Carol Phillips-Beirne et al., Respondents, v. Classic Residences Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1994


Included among the numerous claims asserted by plaintiffs-respondents (tenants) in their Supreme Court tort action is a cognizable defense, based upon a breach of the statutory warranty of habitability (Real Property Law § 235-b), to defendant-appellant's summary proceedings for nonpayment of rent pending in Civil Court. However, there is "a strong rule against staying a summary proceeding, or removing it, such as for purposes...

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