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Amdar Co. v. Hahalis

145 Misc. 2d 987 Court Supreme Court, Appellate Term, First Department, Decision date 1990-02-26 English

Contents

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p. 987
Amdar Co., Appellant, v Alexandros Hahalis, Respondent.
Supreme Court, Appellate Term, First Department,
February 26, 1990
APPEARANCES OF COUNSEL
Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Jeffrey R. Metz of counsel), for appellant. Leonard J. Levenson for respondent.

OPINION OF THE COURT

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

p. 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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