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TOWN MGT. CO. v. LEIBOWITZ

2011-1369 KC.

37 Misc.3d 49 (2012)

953 N.Y.S.2d 813

2012 NY Slip Op 22232

TOWN MANAGEMENT CO., Respondent, v. MICHAEL LEIBOWITZ, Appellant.

Supreme Court, Appellate Term, Second Department.

August 7, 2012.

Attorney(s) appearing for the Case

Michael Leibowitz, appellant pro se. Morris K. Mitrani, P.C., New York City, for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is modified by providing that landlord's motion is granted only to the extent of severing the counterclaims; as so modified, the order, insofar as appealed from, is affirmed, without costs.

In his answer to this nonpayment proceeding, tenant interposed counterclaims for "abuse of action, common law deceit, and barratry." Upon landlord's motion to strike the counterclaims...

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