
    Withattan Realty Co., Inc., Respondent, v. H. Abraham, Inc., Appellant.
    Supreme Court, Appellate Term, Second Department,
    June 16, 1959.
    
      Sol 0. Malts for appellant.
    
      Samuel Cellman for respondent.
   Per Curiam.

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.  