Appellate Division of the Supreme Court of the State of New York May 17, 2004 (Witherbee Court Associates v. Greene)

In an action to recover damages for nonpayment of rent, the defendant appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered October 23, 2002, which, upon a jury verdict, and upon the granting of those branches of the plaintiffs motion pursuant CPLR 4401 which were for judgment as a matter of law dismissing the first through tenth counterclaims, in effect,