Landlord Can Maintain Action for Rent Installment

June 30, 1995

LVT Number: 9859

Landlord sued tenant in Rockland County small claims court for rent installments due for April and May 1992. The court ruled against landlord and landlord appealed. The appeals court reversed and ruled in landlord's favor. Landlord could bring an action for each rent installment as it became due. This didn't violate the rule against splitting cases and didn't bar him from suing for subsequent installments as they became due. Landlord had brought a prior court action to recover unpaid rent due for March 1992.

Landlord sued tenant in Rockland County small claims court for rent installments due for April and May 1992. The court ruled against landlord and landlord appealed. The appeals court reversed and ruled in landlord's favor. Landlord could bring an action for each rent installment as it became due. This didn't violate the rule against splitting cases and didn't bar him from suing for subsequent installments as they became due. Landlord had brought a prior court action to recover unpaid rent due for March 1992. Landlord was also entitled to apply tenant's security deposit to the unpaid rent.

Price v. Doney: NYLJ, p. 29, col. 1 (6/7/95) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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