Tenant appeals (1) from that portion of an order of the Civil Court, New York County (Michelle D. Schreiber, J.), entered September 22, 2004, which struck tenant's ninth through thirteenth affirmative defenses and first through fifth counterclaims; (2) from a decision, same court (Gerald Lebovits, J.), dated July 29, 2005; (3) from a judgment, same court (Gerald Lebovits, J.), entered July 29, 2005, after a nonjury trial, which awarded landlord a recovery of use and occupancy and "late charges" in the aggregate amount of $149,058; (4) as limited by his briefs, from so much of an order, same court (Gerald Lebovits, J.), dated August 29, 2005, as determined that landlord was entitled to recover its attorney's fees and directed a hearing on the reasonable amount of such fees; and (5) from a judgment of the same court (Gerald Lebovits, J.), entered August 29, 2005, awarding landlord a recovery of prejudgment interest in the sum of $15,124.38.

PER CURIAM:

Order (Michelle D. Schreiber, J.), entered September 22, 2004, affirmed, with $10 costs. Judgments (Gerald Lebovits, J.), entered July 29, 2005 and August 29, 2005 and order (Gerald Lebovits, J.), dated August 29, 2005, affirmed, with one bill of $25 costs, for the reasons stated by Gerald Lebovits, J. at Civil Court. Appeal from decision (Gerald Lebovits, J.), dated July 29, 2005, dismissed, without costs, as nonappealable.

In affirming, we note that the counterclaims asserted by tenant were not inextricably related to the central issues presented in this holdover summary proceeding and are more appropriately resolved in the pending Supreme Court action between the parties (see Amdar Co. v Hahalis, 145 Misc 2d 987 [1990]).
This constitutes the decision and order of the
court. [*2]
Decision Date: November 28, 2006