Hyperlawhypertext legal databasebeta Withattan Realty Co. v. H. Abraham, Inc. 18 Misc. 2d 239

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

18 Misc. 2d 239 Court Supreme Court, Appellate Term, Second Department, Decision date 1959-06-16 English

Judges Concur — Pette, Hart and Brown, JJ.

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p. 239
Withattan Realty Co., Inc., Respondent, v. H. Abraham, Inc., Appellant.
Supreme Court, Appellate Term, Second Department,
June 16, 1959.
Sol 0. Malts for appellant.
Samuel Cellman for respondent.

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

p. 240
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.