Tenant Didn't Abandon Counterclaims

November 1, 2005

LVT Number: 18437

Landlord sued to evict tenant. Tenant raised various counterclaims, including counterclaims that landlord negligently and intentionally inflicted emotional distress. The court severed tenant's counterclaims, and landlord later discontinued the eviction case. Tenant later asked the court to set a trial date for his counterclaims. Landlord claimed that tenant had abandoned the counterclaims and landlord asked the court to dismiss them. The court ruled for landlord. Tenant appealed and won.

Landlord sued to evict tenant. Tenant raised various counterclaims, including counterclaims that landlord negligently and intentionally inflicted emotional distress. The court severed tenant's counterclaims, and landlord later discontinued the eviction case. Tenant later asked the court to set a trial date for his counterclaims. Landlord claimed that tenant had abandoned the counterclaims and landlord asked the court to dismiss them. The court ruled for landlord. Tenant appealed and won. Tenant's severed counterclaims hadn't been stricken from the court calendar because of any calendar default. Tenant hadn't abandoned the counterclaims and could pursue them in court.

Greenburger v. Diether: NYLJ, 10/27/05, p. 26, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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