Tenant Can Raise Counterclaim in Eviction Proceeding

September 30, 1993

LVT Number: 8266

Landlord sued to evict tenant for nuisance, based on several encounters between tenant and the building's security guards. Tenant denied any wrongdoing and raised three counterclaims based on the same incidents. Landlord claimed that tenant's counterclaims should be dismissed because tenant's lease called for waiver of counterclaims in any eviction action. The court found that the counterclaims were so intertwined with landlord's claim that they should be considered in spite of the lease clause. But, the court could only decide counterclaims with a money value of $3,000 or less.

Landlord sued to evict tenant for nuisance, based on several encounters between tenant and the building's security guards. Tenant denied any wrongdoing and raised three counterclaims based on the same incidents. Landlord claimed that tenant's counterclaims should be dismissed because tenant's lease called for waiver of counterclaims in any eviction action. The court found that the counterclaims were so intertwined with landlord's claim that they should be considered in spite of the lease clause. But, the court could only decide counterclaims with a money value of $3,000 or less. Tenant claimed much more in damages. If tenant wanted to pursue his counterclaims at the higher amounts, he must withdraw them from the eviction case and pursue them in Westchester County Supreme Court.

Marble Hall Apts. v. Giannelli: NYLJ, p. 27, col. 4 (9/24/93) (Justice Ct. Village of Tuckahoe; Fuller, J)

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