Tenants Can Assert Overcharge Counterclaim

July 31, 2006

LVT Number: 19041

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed more than $10,000. Tenant counterclaimed for a rent overcharge and breach of the warranty of habitability. Because landlord wasn't ready to proceed on the trial date, its case was dismissed without prejudice. The court then dismissed tenant's counterclaims. Tenant appealed and won. Tenant was entitled to proceed to trial on his counterclaims even if landlord wasn't ready. The appeals court reinstated tenant's counterclaims and sent the case back for further proceedings.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed more than $10,000. Tenant counterclaimed for a rent overcharge and breach of the warranty of habitability. Because landlord wasn't ready to proceed on the trial date, its case was dismissed without prejudice. The court then dismissed tenant's counterclaims. Tenant appealed and won. Tenant was entitled to proceed to trial on his counterclaims even if landlord wasn't ready. The appeals court reinstated tenant's counterclaims and sent the case back for further proceedings. Tenant also sought attorney's fees, but it was too soon to tell if tenant would be entitled to any.

R&O Management Corp. v. Ahmad: NYLJ, 7/13/06, p. 31, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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