Prior Housing Court Ruling Didn't Cover Liability Issues

February 1, 2005

LVT Number: 17855

Tenant sued landlord for negligence due to landlord's failure to repair a window in her apartment. Tenant asked for a court ruling without a trial. She claimed that landlord was found liable for required repairs in a prior nonpayment case. The court ruled against tenant. The housing court case resulted in a settlement agreement that stated only that tenant claimed that there were broken windows. There was no actual court ruling on any question of landlord's liability. A trial was needed to determine the facts.

Tenant sued landlord for negligence due to landlord's failure to repair a window in her apartment. Tenant asked for a court ruling without a trial. She claimed that landlord was found liable for required repairs in a prior nonpayment case. The court ruled against tenant. The housing court case resulted in a settlement agreement that stated only that tenant claimed that there were broken windows. There was no actual court ruling on any question of landlord's liability. A trial was needed to determine the facts.

Morillo v. River Park Assocs., LP: NYLJ, 1/26/05, p. 19, col. 3 (Civ. Ct. Bronx; Guzman, J)

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