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

18 Misc. 2d 239 | N.Y. App. Term. | 1959

Per Curiam.

The covenant appearing in the lease whereby the tenant agreed to pay the stipulated rent without offset or deductions 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.