Good afternoon listmates.  I have 2 matters I am working on in which I need assistance.  1^st – I represent a residential landlord in which the tenant left prior to the end of the lease terms and never tendered the keys and did not properly deliver vacant possession.  That tenant has now sued seeking return of the rent security.  I need a sample counterclaim in which I am able to assert all reasons why the security will not be returned.  The NYS law regarding timely return of security does not apply since the tenant never properly vacated.  2^nd – I represent a machine shop in which it ordered a specialized robotic machine to install “widgets” into a container but after paying the company that made the machine, it does not work despite many attempts to correct the deficiencies.  While I know how to draft a breach of contract complaint, I want to see sample language for a situation where the defendant is simply unable to make a decent product.  Matt Worner mtw@wornerlaw.com.

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