Opinion
February 26, 1990
Appeal from the Civil Court of the City of New York, New York County, Louis B. York, J.
Finkelstein, Borah, Schwartz, Altschuler Goldstein, P.C. (Jeffrey R. Metz of counsel), for appellant.
Leonard J. Levenson for respondent.
Order entered October 18, 1989 reversed, with $10 costs, and petitioner's motion granted to the extent of severing tenant's counterclaims.
The commercial loft lease between the parties contains the standard provisions proscribing counterclaims in summary proceedings. Such lease provisions are enforceable (Bomze v Jaybee Photo Suppliers, 117 Misc.2d 957). Tenant's counterclaims seek lost business damages allegedly resulting from landlord's negligent elevator maintenance and breach of contract. The claims are not "inextricably related to [landlord's] cause of action for rent" and should have been severed (Sanders v L.K.L. Enters., NYLJ, June 7, 1989, at 21, col 4 [App Term, 1st Dept]; 1587 Broadway Rest. Corp. v Magic Pyramid, NYLJ, Dec. 19, 1979, at 10, col 2 [App Term, 1st Dept]).
OSTRAU, J.P., PARNESS and McCOOE, JJ., concur.