Case Dismissed Because Landlord Didn't Own Building

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $40,000 from July 2006 through November 2007. Tenant asked the court to dismiss the case. In two prior nonpayment proceedings, the court found that landlord lacked standing to sue. The court ruled for tenant and dismissed the case. Landlord appealed and lost. In the first prior case, tenant submitted a referee's deed, issued after foreclosure on the building, which showed that landlord wasn't the owner at the time the nonpayment proceeding was commenced. Landlord lost his appeal of that decision. In the second prior nonpayment proceeding, the court ruled that landlord had no interest in the building and dismissed the case. Landlord now claimed that he remained the sole owner of the building since 1987. But landlord had a full and fair opportunity to fight the question of whether he owned the building in the first two nonpayment cases. He was now barred from relitigating the issue.

Durand v. Simmons: NYLJ, 12/8/08, p. 45, col. 6 (App. T. 2 Dept.; McCabe, JP, Tanenbaum, Molia, JJ)