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Tenant Can’t Consolidate Warrant of Habitability Case with Nonpayment Case

Apartment Law Insider Total Decision Service for Landlords, Managers, and Attorneys


Issue Date: May 2003, Posted On: 5/1/2003

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

(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. Ten-ant asked the civil court to consolidate the two cases. The court ruled against ten-ant. 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.


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