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

Appellate Terms of the Supreme Court of New York

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

18 Misc. 2d 239, 192 N.Y.S.2d 609, 1959 N.Y. Misc. LEXIS 3461

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 16, 1959

StatusPublished

Cited by1 cases

This text of 18 Misc. 2d 239 (Withattan Realty Co. v. H. Abraham, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Withattan Realty Co. v. H. Abraham, Inc., 18 Misc. 2d 239, 192 N.Y.S.2d 609, 1959 N.Y. Misc. LEXIS 3461 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The covenant appearing in the lease whereby the tenant agreed to pay the stipulated rent without offset or [240]*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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