Tenant Can't Use Mold Condition as Defense to Nonpayment

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability because a leak into the apartment caused a mold condition. Tenant claimed that he should get a rent abatement. While the nonpayment case was pending, tenant brought two HP proceedings against landlord, and then sued landlord in State Supreme Court for $5 million based on the same mold condition. The eviction case was delayed while the other case went forward. The Supreme Court ruled for landlord and dismissed tenant's mold case. Tenant showed that there was only a single leak from the apartment above, and failed to show that landlord was negligent or had prior notice of any defect. Tenant also failed to show any property damage or that medical conditions resulted from conditions in the apartment. Based on the Supreme Court's ruling, the housing court dismissed tenant's warranty of habitability claim. The same issue was already decided against tenant in the Supreme Court action. Tenant couldn't make the same claim in the housing court case once the issue was already decided.

170 East 92nd Street Owners Corp. v. Graham-Jones: NYLJ, 7/15/09, p. 27, col. 3 (Civ. Ct. NY; Kraus, J)