Landlord Can Seek Rent Due

July 31, 1995

LVT Number: 9898

Landlord sued tenant for breach of lease because tenant didn't pay rent between January and June 1993. The court ruled for landlord, awarding it over $4,000. Tenant appealed, claiming landlord had brought a prior nonpayment proceeding for the same rent. The appeals court ruled against tenant. The prior proceeding was to recover rent payable through December 1992. There was no overlap.

Landlord sued tenant for breach of lease because tenant didn't pay rent between January and June 1993. The court ruled for landlord, awarding it over $4,000. Tenant appealed, claiming landlord had brought a prior nonpayment proceeding for the same rent. The appeals court ruled against tenant. The prior proceeding was to recover rent payable through December 1992. There was no overlap.

Rosedale Management v. Robinson: NYLJ, p. 28, col. 6 (7/11/95) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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