Skip to main content
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 gravamen of the pertinent counterclaims are breach of warranty of habitability and retaliatory eviction based on respondent’s claim that (1) no rent is or has ever been owed, (2) there exists a continuing pattern of summary nonpayment proceedings, and (3) respondent is president of the tenants’ association. Specifically, in respondent’s “Fifth Counterclaim and Set-Off,” he alleges in his verified answer that on two occasions after receiving the underlying five-day rent demand, he presented canceled checks for the rent demanded, and petitioner commenced the nonpayment proceedings. Respondent further alleged defenses of lack of personal jurisdiction based on respondent’s specific factual allegations supporting his claim for defective service of the petition and notice of petition.