City of New York v. Candelario

• Decision Date: 22 January 1996
• Citation: 223 A.D.2d 617,637 N.Y.S.2d 311
• Parties: CITY OF NEW YORK, Respondent-Appellant, v. Ana CANDELARIO, s/h/a Ana Cancelario, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 311

637 N.Y.S.2d 311

223 A.D.2d 617

CITY OF NEW YORK, Respondent-Appellant, v.Ana CANDELARIO, s/h/a Ana Cancelario, Appellant-Respondent.

Supreme Court of New York, Appellate Division Second Department.

Jan. 22, 1996.

Rolando T. Acosta, Brooklyn (Kristine L. Franklin, of counsel), for appellant-respondent.

Paul A. Crotty, CorporationCounsel, New York City(Kristin M. Helmers and Alan G. Krams, of counsel), for respondent-appellant.

Prior report: 156 Misc.2d 330, 601 N.Y.S.2d 371.

In a summary proceeding to recover possession of certain premises, Ana Candelario appeals, by permission, from so much of an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated May 27, 1993, as modified an order of the Civil Court of the City of New York, Kings County(Johnson, J.), dated January 9, 1992, by dismissing her counterclaims for damages based on an alleged breach of warranty of habitability; and the City of New York cross-appeals, by permission, from so much of the same order of the Appellate Term as affirmed the order of the Civil Court insofar as it declined to sever Candelario's counterclaim for injunctive relief directing repairs.

ORDERED that the order of the Appellate Term is affirmed insofar as appealed from, without costs or disbursements; and it is further,

ORDERED that the order of the Appellate Term is reversed insofar as cross-appealed from, on the law, without costs or disbursements, and the counterclaim for injunctive relief is severed from the summary proceeding.

We agree with the Appellate Term that Ana Candelario's...