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Amdar Co. v. Hahalis

145 Misc. 2d 987
Appellate Terms of the Supreme Court of New York·Decided February 26, 1990·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT

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 [988] proceedings. Such lease provisions are enforceable (Bomze v Jaybee Photo Suppliers, 117 Misc 2d 957 [1983]). 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., NYU, June 7, 1989, at 21, col 4 [App Term, 1st Dept]; 1587 Broadway Rest. Corp. v Magic Pyramid, NYU, Dec. 19, 1979, at 10, col 2 [App Term, 1st Dept]).

Ostrau, J. P., Parness and McCooe, JJ., concur.

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Amdar Co. v. Hahalis, 145 Misc. 2d 987 (N.Y. Ct. App. 1990).

145 Misc. 2d 987 (Amdar Co. v. Hahalis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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