Opinion
2005-70 SC.
Decided June 2, 2006.
Appeal from a final judgment of the District Court of Suffolk County, Sixth District (Toni A. Bean, J.), entered December 6, 2004. The final judgment, after a nonjury trial, awarded landlord possession and the sum of $3,558 in a nonpayment summary proceeding.
Final judgment reversed without costs and a new trial ordered.
PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
Having permitted tenants to interpose a counterclaim for breach of the warranty of habitability, it was error for the court to limit the proof which tenants could introduce in support of the counterclaim to the months for which landlord sought arrears ( see Sanchez v. Badami, NYLJ, July 8, 1991 [App Term, 9th 10th Jud Dists]; 350 Assoc. v. Feldman, NYLJ, Dec. 18, 1978 [App Term, 1st Dept]). Under the circumstances, a new trial is required. In view of the foregoing, we need not reach the remaining issues raised.
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.