Tenant Can't Relitigate Issue
LVT Number: 14546
Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled against tenant. Tenant appealed and lost. Tenant had sued landlord in another court and claimed the breach of warranty of habitability in that case. Tenant couldn't relitigate the same issue in the housing court case.
W. 15th St. Owners, Inc. v. Kanner: NYLJ, 10/5/00, p. 28, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)