Civil Court of the City of New York May 12, 1981 (Trump Village Section 2, Inc. v. Semler)

opinion of the court

Bernard Fuchs, J.

Petitioner moves to strike the counterclaim interposed by the respondents in a summary proceeding for nonpayment of rent. In paragraph 28 of the lease, respondent agrees that “in the event landlord commences any dispossess proceedings against tenant, no counterclaim will be brought by tenant”.