Case Type
Other
Housing Type
Other
Court
Supreme Court; Appellate Term; First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570824/25
Slip Opinion Number
2025 NY Slip Op 51592(U)
Petitioner
Delene Lewis
Respondent
Godfrey Hibbert; Alvic Property Management
Judge
Tisch; Perez; Alpert; Shkreli; Edit
Decision/Order Date
2025-10-10
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term affirmed the Civil Court's dismissal of the tenant's complaint for breach of lease; breach of warranty of habitability; and retaliation. The court properly applied res judicata; finding these claims arose from the same transactions as those previously settled or litigated in a prior landlord and tenant proceeding; including an allegation of harassment that should have been raised in Housing Court. Additionally; the tenant's affirmation opposing the landlord's motion was inadmissible for failing to include the mandatory language required by CPLR 2106.
Keywords
Res Judicata; CPLR 2106 Affirmation Language is Mandatory!!
Recommended Citation
"Lewis v. Hibbert" (2025). All Decisions. 1997.
https://ir.lawnet.fordham.edu/housing_court_all/1997
