GREENBURGER v. DIETHER


10 Misc.3d 21 (2005)

806 N.Y.S.2d 327

FRANCIS GREENBURGER, Respondent, v. DORIS DIETHER, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

October 21, 2005.


Attorney(s) appearing for the Case

David Rozenholc & Associates, New York City (David Rozenholc, Richard S. Laudor and David H. Pritchard of counsel), for appellant.

Belkin Wenig & Goldman, LLP, New York City (Sherwin Belkin, Magda L. Cruz and Jay H. Berg of counsel), for Francis Greenburger, respondent.

SUAREZ, P.J., McCOOE and GANGEL-JACOB, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order dated July 3, 2003 reversed, with $10 costs, tenant's motion granted and landlord's cross motion denied.

In defense of a holdover summary proceeding instituted by landlord, the tenant interposed three affirmative defenses and six counterclaims, including counterclaims alleging negligent and intentional infliction of emotional distress and prima facie tort. The...

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