Chopra v. Prusik

In Chopra v. Prusik, 9 Misc3d 42 [App Term, 2nd Dept, 2005] the Appellate Term reversed a housing court decision denying a motion to vacate a default judgment. The Appellate Term acknowledged that title cannot be determined in a summary proceeding. "However, the court is not ousted from jurisdiction for purposes of determining the present right to possession at issue in this proceeding" by interposition of a defense or claim challenging title (Id at 44). RPAPL 743 specifically provides that any legal or equitable defense or counterclaim may be interposed in a summary proceeding. Thus, the Court in Chopra concluded that Housing court can and must adjudicate the tenant's claims that she was the owner pursuant to a valid deed and that the deed relied upon by the Petitioner was forged.