The following excerpt is from 78 Havemeyer LLC v. Abuzaid, 31 N.Y.S.3d 924 (Table) (N.Y. Civ. Ct. 2016):
At this proceeding's outset respondent interposed an answer that includes counterclaims for breach of the warranty of habitability and for rent overcharge. The counterclaim for breach of the warranty of habitability does not constitute a defense to this holdover; accordingly, it is hereby severed without prejudice. Cf., City of New York v. Candelario, 223 A.D.2d 617, 618 (1st Dep't, 1996) where the court held in that holdover proceeding that a counterclaim for an injunction to cure violations of the housing maintenance code had no bearing on the outcome of the proceeding and therefore should have been severed. Similarly, the counterclaim for rent overcharge has no bearing on the outcome of this proceeding and it is severed without prejudice.
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