303 BEVERLY GROUP v ALSTER [190 Misc 2d 69] 69
[735 NYS2d 908]
303 Beverly Group, L. L. C., Respondent, v Stephen D. Al-
ster, Appellant.
Supreme Court, Appellate Term, Second Department, October 23, 2001
SUMMARY
Appeal from orders of the Civil Court of the City of New
York, Kings County (Gary Franklin Marton, J.), dated January
18, 2000, April 26, 2000, and June 6, 2000, deemed an appeal
from a judgment of that court, entered June 6, 2000, which
awarded petitioner landlord possession and a money judgment
in the principal sum of $2,150.26.
HEADNOTES
Landlord and Tenant — Warranty of Habitability — Recovery of
Damages for Breach Occurring Prior to Stipulation of Settle-
ment
1. In a nonpayment proceeding where respondent tenant asserted a breach
of the warranty of habitability as an armative defense and the parties
entered into a stipulation of settlement setting forth repairs to be completed
by petitioner landlord, respondent cannot recover damages pertaining to any
breach of the warranty of habitability occurring prior to execution of the
settlement agreement. Entry into the stipulation operated as an accord and
satisfaction. Accordingly, respondent is not entitled to money damages
representing the alleged cost of moving the furniture in his apartment to en-
able petitioner's performance of repairs under the stipulation. Moreover,
consequential damages are not recoverable for a breach of the warranty of
habitability.
Landlord and Tenant — Warranty of Habitability — Responsibility
for Moving Furniture to Permit Landlord to Make Repairs
2. In a nonpayment proceeding where respondent tenant asserted a breach
of the warranty of habitability as an armative defense and the parties
entered into a stipulation of settlement setting forth repairs to be completed