Civil Court to Decide Warranty of Habitability Claim

LVT Number: 8789

Tenant sued landlord in state supreme court, claiming property damage to his apartment. Sometime thereafter, landlord sued tenant in housing court for nonpayment of rent. Tenant then asked the supreme court to consolidate his damage case with the nonpayment case because part of his claim was for breach of the warranty of habitability. The supreme court ruled for tenant to consolidate, and landlord appealed. The appeals court ruled that tenant couldn't consolidate the two cases. There was no reason the nonpayment case couldn't go forward while tenant's supreme court case was pending.

Tenant sued landlord in state supreme court, claiming property damage to his apartment. Sometime thereafter, landlord sued tenant in housing court for nonpayment of rent. Tenant then asked the supreme court to consolidate his damage case with the nonpayment case because part of his claim was for breach of the warranty of habitability. The supreme court ruled for tenant to consolidate, and landlord appealed. The appeals court ruled that tenant couldn't consolidate the two cases. There was no reason the nonpayment case couldn't go forward while tenant's supreme court case was pending. Nothing stopped the housing court from ruling on tenant's warranty of habitability claim. Also, the issues covered in each case were different. The property damage that tenant claimed occurred at a time prior to the period for which back rent was claimed.

Scheff v. 230 East 73rd Owners Corp.: NYLJ, p. 25, col. 5 (4/25/94) (App. Div. 1 Dept.; Carro, JP, Wallach, Ross, Rubin, Williams, JJ)