Landlord Can't Join Nonpayment Case with Nuisance Case

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she withheld rent because of noise from the upstairs apartment. Landlord then sued to evict upstairs tenant for nuisance based on tenant's noise claims. Landlord asked the court to combine the two cases for trial. The court granted this request. Landlord also asked the court for permission to make cross-claims. Landlord wanted tenant to pay any attorney's fees it had to pay if it lost the case against upstairs tenant. And landlord wanted upstairs tenant to reimburse it for any rent abatement tenant received if it was found that noise from upstairs breached her warranty of habitability. The court ruled against landlord. Defenses and cross-claims in eviction cases must be directly intertwined with a petitioner's claim. Landlord's cross-claims were indirect. Landlord couldn't join the nonpayment case with the nuisance case for purposes of making cross-claims.

4 Park Ave. Assocs. v. Svab: NYLJ, 12/17/03, p. 18, col. 1 (Civ. Ct. NY; Lai, J)