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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)

Citation
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Parent Document
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Jurisdiction
New York (state)
Effective Date
2000-02-09

Full Text

793 chars
The novel question presented is: whether respondent Henry can interpose the statutory defense of retaliatory eviction pursuant to Real Property Law § 223-b in the context of a nonpayment proceeding wherein respondent has timely paid the rent demanded continuously since at least 1997, and is not utilizing the statutory defense as a shield to be relieved of the obligation to pay rent? Framing the issue in another way, the question becomes: was it the intent of the Legislature, in limiting the retaliatory eviction defense to holdover proceedings, to deny to the respondent herein, an active and long-term president of a proactive tenants’ association, the protection of Real Property Law § 223-b based on the type of summary proceeding chosen by the landlord to harass and evict the tenant?