Portnoy v. Hill

CourtNew York City Court
Writing for the CourtWALTER T. GORMAN
Citation57 Misc.2d 1097,294 N.Y.S.2d 278
Decision Date10 October 1968
PartiesLillian PORTNOY, Petitioner, v. Sandra HILL, Respondent.

Page 278

294 N.Y.S.2d 278
57 Misc.2d 1097
Lillian PORTNOY, Petitioner,
v.
Sandra HILL, Respondent.
City Court of Binghamton.
Oct. 10, 1968.

Page 279

[57 Misc.2d 1098] No attorney for petitioner.

Paul Taylor, Binghamton (Remy R. Perot, Binghamton, of counsel), for respondent.

DECISION

WALTER T. GORMAN, Judge.

This action for summary proceedings was commenced by the Petitioner, Lillian Portnoy, the owner and landlord of 72 Susquehanna Street, Binghamton, New York. The Respondent in the action is Sandra Hill, an occupant of the Susquehanna Street premises, and referred to as the Tenant. Similar proceedings have been instituted against two other tenants, Bonnie Monta and Lily Bradley, but by means of a stipulation have been consolidated with the action now before this Court.

The landlord bases her action on the fact that she gave the tenant the required statutory thirty day notice, (Sec. 232--b Real Property Law) and consequently is entitled to an order of eviction. The tenant, on the other hand, takes the position that this is merely a retaliatory tactic on the part of the landlord to obtain her eviction for reporting alleged violations of the Housing, Property Maintenance, and Rehabilitation Code of the City of Binghamton, commonly called the Housing Code. The tenant further alleges in her answer to the petition that such retaliation is a complete defense to the landlord's action and that she should have an opportunity to prove it at a trial. This, as far as the Court can ascertain, is a case of first impression in the State of New York and thus presents a unique question. To fully comprehend the matter,

Page 280

it would seem best to briefly review the proceedings had heretofore involving the very same parties.

On June 21, 1968 the landlord filed a petition for summary proceedings in City Court. The basis of this petition was that the tenant had failed to pay the rent and the landlord was therefore asking for her eviction. On the return date, the tenant, through her attorney, admitted that the rent had not been paid and that she and the other two tenants were participating in a so-called 'rent strike'. At that time she sought, through her attorney, to interpose an affirmative defense, i.e. 'illegality of the lease'. The crux of this alleged defense, and what the tenant's attorney wanted to prove at a trial was that the premises, at the time the action was commenced, as opposed to when the landlord-tenant relationship was created, were not in compliance with the Housing Code. It was his contention that both the landlord and the tenant, as parties to an...

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22 practice notes
  • Mobil Oil Corp. v. Rubenfeld
    • United States
    • New York Supreme Court — Appellate Division
    • July 7, 1975
    ...(Id., pp. 699--701). Courts in our State have followed this decision with respect to residential housing (e.g., Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278; Markese v. Cooper, 70 Misc.2d 478, 333 N.Y.S.2d 63; Toms Point Apts. v. Goudzward, 72 Misc.2d 629, 339 N.Y.S.2d 281, affd. 79 M......
  • Stephanus v. Anderson, No. 7563-2-I
    • United States
    • Court of Appeals of Washington
    • June 2, 1980
    ...89 S.Ct. 618, 21 L.Ed.2d 560 (1969); Schweiger v. Superior Court, 3 Cal.3d 507, 476 P.2d 97, 90 Cal.Rptr. 729 (1970); Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278 (1968). See also Sims v. Century Kiest Apartments, 567 S.W.2d 526 (Tex.App.1978). We may not agree with the wisdom of the ......
  • Imperial Colliery Co. v. Fout, No. 17428
    • United States
    • Supreme Court of West Virginia
    • September 16, 1988
    ...Point Apartments v. Goudzward, 72 Misc.2d 629, 339 N.Y.S.2d 281 (1972), aff'd, 79 Misc.2d 206, 360 N.Y.S.2d 366 (1973); Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278 (1968); Powell, Real Property p 260.6 (1986); Restatement (Second) of Property § 14.8 A few courts recognize that even w......
  • Markese v. Cooper
    • United States
    • New York County Court
    • May 19, 1972
    ...in New York. Our courts have already accepted the defense of retaliatory eviction in holdover eviction proceedings (Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278, Page 71 Binghamton City Court, 1969; Club Van Cortlandt v. Hosey, N.Y.L.J., June 11, 1970, p. 2, col. 2, App.Term, 1st [70 ......
  • Request a trial to view additional results
22 cases
  • Mobil Oil Corp. v. Rubenfeld
    • United States
    • New York Supreme Court — Appellate Division
    • July 7, 1975
    ...(Id., pp. 699--701). Courts in our State have followed this decision with respect to residential housing (e.g., Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278; Markese v. Cooper, 70 Misc.2d 478, 333 N.Y.S.2d 63; Toms Point Apts. v. Goudzward, 72 Misc.2d 629, 339 N.Y.S.2d 281, affd. 79 M......
  • Stephanus v. Anderson, No. 7563-2-I
    • United States
    • Court of Appeals of Washington
    • June 2, 1980
    ...89 S.Ct. 618, 21 L.Ed.2d 560 (1969); Schweiger v. Superior Court, 3 Cal.3d 507, 476 P.2d 97, 90 Cal.Rptr. 729 (1970); Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278 (1968). See also Sims v. Century Kiest Apartments, 567 S.W.2d 526 (Tex.App.1978). We may not agree with the wisdom of the ......
  • Imperial Colliery Co. v. Fout, No. 17428
    • United States
    • Supreme Court of West Virginia
    • September 16, 1988
    ...Point Apartments v. Goudzward, 72 Misc.2d 629, 339 N.Y.S.2d 281 (1972), aff'd, 79 Misc.2d 206, 360 N.Y.S.2d 366 (1973); Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278 (1968); Powell, Real Property p 260.6 (1986); Restatement (Second) of Property § 14.8 A few courts recognize that even w......
  • Markese v. Cooper
    • United States
    • New York County Court
    • May 19, 1972
    ...in New York. Our courts have already accepted the defense of retaliatory eviction in holdover eviction proceedings (Portnoy v. Hill, 57 Misc.2d 1097, 294 N.Y.S.2d 278, Page 71 Binghamton City Court, 1969; Club Van Cortlandt v. Hosey, N.Y.L.J., June 11, 1970, p. 2, col. 2, App.Term, 1st [70 ......
  • Request a trial to view additional results

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