Opinion
June 16, 1959
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, FRED G. MORITT, J.
Sol O. Maltz for appellant.
Samuel Gellman for respondent.
The covenant appearing in the lease whereby the tenant agreed to pay the stipulated rent without offset or deductions may not, without more, be construed as a waiver of the tenant's statutory right to interpose offsets and counterclaims in this summary proceeding.
The order should be unanimously reversed on the law and facts, with $10 costs to the tenant and the motion to strike out tenant's counterclaims and offsets denied.
Concur — PETTE, HART and BROWN, JJ.
Order reversed, etc.