Tenant Can Assert Counterclaim for Damages

July 31, 2001

LVT Number: 15173

Landlord sued to evict tenant for nonpayment of rent. Tenant counterclaimed for damages based on landlord's failure to provide a garage space. Landlord asked the court to sever the counterclaim from the nonpayment case. The court ruled against landlord. Landlord appealed and lost. Tenant's counterclaim was related to whether he owed the rent in question. The case was sent back for a trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant counterclaimed for damages based on landlord's failure to provide a garage space. Landlord asked the court to sever the counterclaim from the nonpayment case. The court ruled against landlord. Landlord appealed and lost. Tenant's counterclaim was related to whether he owed the rent in question. The case was sent back for a trial.

Dewars Mgmt. Co. v. Klein: NYLJ, 7/5/01, p. 18, col. 3 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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