Tenant Already Raised Claim in Nonpayment Case

March 1, 2006

LVT Number: 18725

Tenant sued landlord for damages, claiming breach of the warranty of habitability, constructive eviction, and emotional distress. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant had already raised the same claims concerning breach of the warranty of habitability in nonpayment cases that landlord had started. Landlord and tenant settled those claims in settlement agreements signed in court. Tenant couldn't sue landlord again for the same claims.

Tenant sued landlord for damages, claiming breach of the warranty of habitability, constructive eviction, and emotional distress. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant had already raised the same claims concerning breach of the warranty of habitability in nonpayment cases that landlord had started. Landlord and tenant settled those claims in settlement agreements signed in court. Tenant couldn't sue landlord again for the same claims. And the conduct alleged by tenant wasn't the type of extreme or malicious conduct required to prove infliction of emotional distress.

Rosario v. 288 St. Nick LLC: NYLJ, 2/13/06, p. 26, col. 3 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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