Court Won't Consolidate Tenant's Personal Injury Suit Against Landlord with Eviction Case

Tenant sued landlord in June 2020 for breach of the warranty of habitability, breach of the lease, constructive eviction, negligence, and intentional infliction of emotional distress. Tenant sought monetary compensation for damages to her person and property as well as loss of income. Tenant claimed the damages started in August 2016 as the result of construction on the building's top floor, which caused excessive noise and debris. Tenant said that the construction continued until May 2018, forcing her to leave the apartment for 11 months, preventing her from working, and causing stress-related medical conditions. Landlord advised tenant in October 2019 that her lease wouldn't be renewed and commenced an eviction proceeding in housing court in August 2020. In the eviction case, but not in the Supreme Court case, tenant claimed she was rent stabilized. 

Tenant asked the court to consolidate her case against landlord with the housing court eviction proceeding. The court ruled against tenant. Landlord-tenant disputes in housing court generally can't be removed for purposes of consolidation. And tenant's claims against landlord in this case were for personal injury, property damage, and loss of income. These were wholly separate and distinct from the eviction relief sought in the housing court proceeding. The two cases also were in wholly separate stages. In tenant's case against landlord, pre-trial discovery had yet to take place. The housing court proceeding was much closer to trial. It also would prejudice a substantial right of the landlord to seek possession of its property if the eviction proceeding was significantly delayed by consolidation with this case.

Welsh v. 12 E. 86th St. LLC: Index No. 154120/2020, 2023 NY Slip Op 30131(U)(Sup. Ct. NY; 1/12/23; Rosado, J)