Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

AMDAR CO., Appellant, v. ALEXANDROS HAHALIS, Respondent

Per Curiam.

Order entered October 18, 1989 reversed, with $10 costs, and petitioner's motion granted to the extent of severing tenant's counterclaims.

The commercial loft lease between the parties contains the standard provisions proscribing counterclaims in summary proceedings. Such lease provisions are enforceable (Bomze v Jaybee Photo Suppliers, 117 Misc.2d 957). Tenant's counterclaims seek lost business damages allegedly resulting from landlord's negligent elevator maintenance and breach of contract. The claims are not "inextricably related to [landlord's] cause of action for rent" and should have been severed (Sanders v L.K.L. Enters., NYLJ, June 7, 1989, at 21, col 4 [App Term, 1st Dept]; 1587 Broadway Rest. Corp. v Magic Pyramid, NYLJ, Dec. 19, 1979, at 10, col 2 [App Term, 1st Dept]).

OSTRAU, J.P., PARNESS and McCOOE, JJ., concur.

Use AI to get other relevant cases.

Comments

AMDAR CO. v. HAHALIS
(Feb 26, 1990)