Tenant Can Pursue Damages for Breach of Warranty of Habitability in Other Court Action

Tenant sued landlord in State Supreme Court, claiming ongoing damages due to breach of the warranty of habitability. The court dismissed the case because tenant had already obtained relief against landlord in a housing court HP proceeding.

Tenant appealed and won. The HP proceeding permitted tenant to seek correction of housing violations. But this didn't preclude tenant from seeking other relief as permitted by law. Among other things, tenant sought $100,000 in damages, which was more than tenant was permitted to seek in Civil Court. Tenants claimed money damages continued to accrue while the HP proceeding was pending. And tenant properly pursued the relief sought in Supreme Court for breach of her lease and the warranty of habitability. The case was sent back to the lower court for further consideration.

Fishbein v. Goldman: Index No. 150975/18, App. No. 702, Case No. 2022-04085, 197 N.Y.S.3d 27, 2023 NY Slip Op 04924 (App. Div. 1 Dept.; 10/3/23; Oing, JP, Friedman, Shulman, Kennedy, Pitt-Burke, JJ)