A few weeks ago, I wrote about an interesting case, Weininger v. Haldes, published pursuant to Rule 23(e). Be reminded that this is the rule that provides that the case usually cannot be cited in other cases and does not have precedential authority in other cases. In other words, the opinion is “out there” but cannot be relied upon by landlords or tenants. Today, I will discuss another fairly recent Supreme Court Rule 23(e) case from 2011, Bilsky v. Calabrese, that muddies the landlord-tenant waters with an uncharacteristically landlord friendly holding.
