Tenant Can't Consolidate Warranty of Habitability Case with Nonpayment Case

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued tenant in housing court for nonpayment of rent. Tenant then sued landlord in a separate civil court action for breach of the warranty of habitability. Tenant asked the civil court to consolidate the two cases. The court ruled against tenant. Consolidation of the two cases would mean a delay of the summary nonpayment case. And tenant can raise the habitability claim in the nonpayment case.

Dow v. 48 Tenant's Corp.: Index No. 1868TSN2001 (3/12/03) (Civ. Ct. NY; Scarpulla, J) [5-pg. doc.]