Tenant Can't Claim Breach of a Prior, Unrelated Court Stipulation in New Proceeding

February 15, 2022

LVT Number: #31835

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant installed cameras in the building hallways surrounding his apartment. Tenant admitted that he had installed the cameras but claimed they were needed to accommodate his own disabilities. Tenant also claimed harassment, discrimination, retaliation, and breach of the warranty of habitability. He also claimed that landlord breached a court stipulation signed in a prior, unrelated proceeding. Landlord asked the court to rule in its favor without trial, and to dismiss tenant's counterclaims.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant installed cameras in the building hallways surrounding his apartment. Tenant admitted that he had installed the cameras but claimed they were needed to accommodate his own disabilities. Tenant also claimed harassment, discrimination, retaliation, and breach of the warranty of habitability. He also claimed that landlord breached a court stipulation signed in a prior, unrelated proceeding. Landlord asked the court to rule in its favor without trial, and to dismiss tenant's counterclaims. The court denied landlord's request for summary judgment and refused to dismiss most of tenant's counterclaims. But the court dismissed tenant's counterclaim relating to alleged breach of the 2017 court stipulation.

Tenant appealed and lost. The lower court properly dismissed tenant's counterclaim. The stipulation in the 2017 court case was executed in an unrelated prior proceeding and expressly provided that any allegation of breach should be addressed in that proceeding. 

Rego Park Ventures, LLC v. Shany: Index No. 2020-503QC, 2022 NY Slip Op 50052(U)(App. T. 2 Dept.; 1/21/22; Aliotta, PJ, Toussaint, Golia, JJ)

Topics

More like this