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ROCKAWAY ONE CO. v. WIGGINS

35 A.D.3d 36 (2006)

822 N.Y.S.2d 103

In the Matter of ROCKAWAY ONE COMPANY, LLC, Respondent, v. DEBORAH WIGGINS, Appellant.

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

September 26, 2006.

Attorney(s) appearing for the Case

April A. Newbauer, Kew Gardens (Robert R. Desir, Jr., of counsel), for appellant.

Michael R. Koenig, New Rochelle (Hal D. Weiner and Santo Golino of counsel), for respondent.

KRAUSMAN, J.P., LUCIANO and LIFSON, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

The issue presented by this appeal is whether a tenant who is a respondent in a summary proceeding based upon nonpayment of rent may defend on the ground of, and counterclaim for, rent overcharges predicated on what the tenant claims to be an unjustified individual apartment improvement (hereinafter IAI) increase. The Civil Court permitted the counterclaim and, after finding the rent charged by the owner to be without justification...

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