MOSESSON v. 288/98 WEST END TENANTS CORP.


260 A.D.2d 246 (1999)

686 N.Y.S.2d 305

GLORIA R. MOSESSON, Appellant, v. 288/98 WEST END TENANTS CORP. et al., Respondents.

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

Decided April 15, 1999.


The pretrial court properly severed defendants' counterclaims for unpaid maintenance and attorneys' fees from plaintiff's main claims for, inter alia, breach of the warranty of habitability, and properly directed an immediate trial on the counterclaims, in view of plaintiff's failure to complete disclosure on her claims in compliance with the court's schedule despite fair opportunity to do so, and defendant's showing that prosecution of its counterclaims was a matter...

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