Culhane v. Patterson

I concur in so much of the majority opinion as holds that tenants are judicially estopped from asserting the existence of the prior proceeding as a bar to the maintenance of the instant proceeding. However, I disagree with the remainder of the majority’s reasoning.

Though the ad hoc approach taken by the majority would remedy an unfairness emanating from what is presumed to be an error by the clerk in the issuance of a notice of petition in the prior summary proceeding,1 I believe that we are constrained by the holdings in, inter alia, Matter of Nicolaides v State of New York Div. of Hous. &…