CITY OF N. Y. v. CANDELARIO


156 Misc.2d 330 (1993)

___ N.Y.S.2d ___

City of New York, Appellant, v. Ana Candelario, Sued Herein as Ann Cancelario, Respondent.

Supreme Court, Appellate Term, Second Department.

May 27, 1993


Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Fay Leoussis and Alan G. Krams of counsel), for appellant. Legal Aid Society, Brooklyn (Jean T. Schneider and Benjamin E. Coopersmith of counsel), for respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.


MEMORANDUM.

Order unanimously modified by providing that tenant's counterclaims seeking an award for property damage, punitive damages, and an affirmative judgment against landlord based on its alleged breach of the warranty of habitability are dismissed without prejudice to tenant's commencement of an independent action based on these claims and as so modified affirmed without costs.

In this holdover proceeding...

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