Nonpayment and Negligence Cases Consolidated

April 30, 2005

LVT Number: 18066

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and constructive eviction based on mold and other conditions in the apartment. While the eviction case was pending, tenant sued landlord in Supreme Court for personal injuries resulting from the mold. Tenant asked the Supreme Court to consolidate the two cases. The court ruled for tenant. There were common questions of fact in both cases, which concerned whether there was mold, whether landlord failed to correct the condition, and the amount of damages.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and constructive eviction based on mold and other conditions in the apartment. While the eviction case was pending, tenant sued landlord in Supreme Court for personal injuries resulting from the mold. Tenant asked the Supreme Court to consolidate the two cases. The court ruled for tenant. There were common questions of fact in both cases, which concerned whether there was mold, whether landlord failed to correct the condition, and the amount of damages. Landlord was willing to accept delay of a nonpayment ruling, and there was no harm to tenants by combining the cases.

Carroll v. Nostra Realty Corp.: NYLJ, 4/6/05, p. 22, col. 1 (Sup. Ct. NY; Edmead, J)

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