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Appellate Terms of the Supreme Court of New York, 1959

Withattan Realty Co. v. H. Abraham, Inc.

Withattan Realty Co. v. H. Abraham, Inc.
Appellate Terms of the Supreme Court of New York · Decided June 16, 1959 · Brown, Hart, Pette
18 Misc. 2d 239; 192 N.Y.S.2d 609; 1959 N.Y. Misc. LEXIS 3461

Counsel

Sol 0. Malts for appellant., Samuel Cellman for respondent.

Withattan Realty Co. v. H. Abraham, Inc.

Opinion of the Court

Per Curiam.

The covenant appearing in the lease whereby the tenant agreed to pay the stipulated rent without offset or *240deductions may not, without more, be construed as a waiver of the tenant’s statutory right to interpose offsets and counterclaims in this summary proceeding.

The order should be unanimously reversed on the law and facts, with $10 costs to the tenant and the motion to strike out tenant’s counterclaims and offsets denied.

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

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