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MOORE v. CHASE MANHATTAN BANK

217 A.D.2d 419 (1995)

629 N.Y.S.2d 41

David Moore, Respondent, v. Chase Manhattan Bank, N. A., et al., Appellants Chase Manhattan Bank, N. A., Third-Party Plaintiff-Appellant, v. David Moore et al., Third-Party Defendants-Respondents

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

July 6, 1995

The tenant's claims for damages as a result of the landlord's breach of the lease in excess of the unpaid rent claimed as the basis for the landlord's election to terminate the lease, may provide an equitable defense to the holdover proceeding (see, Linden Blvd. v Elota Realty Co., 196 A.D.2d 808, 811, lv denied 82 N.Y.2d 658). There are also common issues of fact as to landlord's alleged unconscionable conduct, which...

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