Chinatown Preserv. HDFC v Yu Hua Chen, 2010 NY Slip Op 50730(U) [27 Misc 3d 1213(A)]

Citation
Chinatown Preserv. HDFC v Yu Hua Chen, 2010 NY Slip Op 50730(U) [27 Misc 3d 1213(A)]
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cross_accepted_sealed
Effective Date
2010-04-26
Original Source
https://www.nycourts.gov/reporter/3dseries/2010/2010_50730.htm ↗

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allowed affirmative defenses. Petitioner fails to argue that respondents' counterclaims do not
relate to any provision in New York City Civil Court Act § 110.

Footnote 2: Respondents' claims that the
waiver provision was not knowing, intelligent, and voluntary fails because respondents signed
the leases and there is no showing that they did not have a full opportunity to read and
understand the leases. That respondents do not speak English does not preclude the enforcement
of the lease. Respondents' request for a hearing into the voluntariness of the waiver clause is
denied. Only Supreme Court, in any event, has the jurisdiction to reform a lease.

Footnote 3: For these purposes, affirmative
defenses and counterclaims are "all fundamentally counterclaims . . . [and] the court's decision
on each counterclaim will also be applicable to the correlating affirmative defense." (Lucas v
Florent, 19 Misc 3d at 762.)