EDGEMONT CORP. v. AUDET


170 Misc.2d 1040 (1996)

656 N.Y.S.2d 85

Edgemont Corporation, Respondent, v. Elizabeth Audet, Appellant.

Supreme Court, Appellate Term, Second Department.

October 29, 1996


Attorney(s) appearing for the Case

Elizabeth Audet, appellant pro se. Scheffler, King & Bender, L. L. P., Mt. Kisco (Eric R. Scheffler of counsel), for respondent.

DiPAOLA, P. J., INGRASSIA and FLOYD, JJ., concur.


MEMORANDUM.

Order unanimously modified by providing that upon reargument the provision in the previous decision remitting the sum of $2,900, representing March and April 1995 rent on deposit with the court, to landlord is stricken and landlord is directed to make restitution of these moneys to tenant and by remanding the matter to the court below for a determination of tenant's counterclaim for breach of the warranty of...

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