Petition Not Defective

May 31, 2001

LVT Number: 15011

Landlord sued to evict tenant. Tenant claimed that the petition was defective because it stated that tenant's answer may set forth any defense or counterclaim against landlord ``unless such defense or counterclaim is precluded by law or agreements between the parties.'' Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The statement in landlord's petition wasn't defective in light of the waiver of counterclaims provision in tenant's lease.

Landlord sued to evict tenant. Tenant claimed that the petition was defective because it stated that tenant's answer may set forth any defense or counterclaim against landlord ``unless such defense or counterclaim is precluded by law or agreements between the parties.'' Tenant asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The statement in landlord's petition wasn't defective in light of the waiver of counterclaims provision in tenant's lease. Also, tenant's counterclaims weren't related to the issues raised in landlord's petition and didn't have to be decided in the eviction case.

Bethune Realty Co. LLC v. Marmon: NYLJ, 5/14/01, p. 20, col. 5 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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