Issue Not Resolved in Prior Case

December 1, 1997

LVT Number: 11975

Landlord sued to evict an apartment occupant, claiming that he was a licensee. The occupant claimed that he was rent-stabilized tenant. Landlord claimed that due to a prior building foreclosure, the occupant was no longer rent-stabilized tenant. The court ruled against landlord. Tenant's rent stabilization status wasn't an issue in the prior foreclosure case, so there couldn't be a prior binding court ruling that tenant was no longer stabilized. The court dismissed landlord's petition.

Landlord sued to evict an apartment occupant, claiming that he was a licensee. The occupant claimed that he was rent-stabilized tenant. Landlord claimed that due to a prior building foreclosure, the occupant was no longer rent-stabilized tenant. The court ruled against landlord. Tenant's rent stabilization status wasn't an issue in the prior foreclosure case, so there couldn't be a prior binding court ruling that tenant was no longer stabilized. The court dismissed landlord's petition.

GCM Corp. v. Johnson: NYLJ, p. 31, col. 3 (11/5/97) (Civ. Ct. Kings; Birnbaum, J)

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