Landlord Can't File Second Case After First Case Settled

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant lived in either the apartment next door, a home in New Jersey, or some other unknown location. Landlord also claimed that the apartment was occupied by a Spanish-speaking female, but that landlord didn't know her name. Tenant asked the court to dismiss the case. Landlord previously sued tenant for unauthorized subletting in 2007 based on the same allegations except that landlord named the subtenant as Milagros Tejada. Landlord discontinued the prior case "with prejudice" on the eve of trial, and never brought a nonprimary residence proceeding against tenant when his stabilized lease was up for renewal. The court found that the new case was identical to the prior case, which had been resolved by the court. So the new case based on the same facts must be dismissed.

562 Associates LP v. Tejada: Index No. L&T55958, NYLJ No. 1202603736315 (Civ. Ct. NY; 6/13/13; Kraus, J)