Court Denies Former Tenant's Request to Dismiss Unpaid Rent Claim

Landlord sued former tenant for $7,000, claiming that tenant failed to provide proper and timely notice of vacatur. So landlord didn't get possession of the unit until April 30, 2017. The court ruled for landlord and entered a default judgment against tenant in February 2021 for over $9,900. But after a later traverse hearing, the judgment was vacated on consent and tenant asked the court to dismiss the case. Tenant claimed that, when he moved out in January 2017, all rent was paid in full at that time. He said that any claim for rent arrears was resolved in a prior nonpayment proceeding. The court ruled against tenant, finding that the parties never litigated the merits of the rent arrears claim. In the prior proceeding, landlord only sought possession of the apartment.

Lorraine Arms Apts. LLC v. Williams: Index No. 0741-20, 72 Misc.3d 1216(A), 2021 NY Slip Op 50753(U)(City Ct. Mt. Vernon; 8/3/21; Williams, J)