Landlord Can't Sue Tenant for Back Rent Claimed in Prior Action

April 9, 2007

LVT Number: 19430

Landlord sued former tenant for back rent owed for seven months in 2004. Tenant asked the court to dismiss the case. The court ruled for tenant in part. Landlord previously sued tenant in small claims court for rent owed between June and September 2004. The small claims case went before an arbitrator and was dismissed. Landlord couldn't sue tenant again for the rent claimed for those four months. Landlord could still seek rent claimed for October through December 2004 in the new proceeding.

Landlord sued former tenant for back rent owed for seven months in 2004. Tenant asked the court to dismiss the case. The court ruled for tenant in part. Landlord previously sued tenant in small claims court for rent owed between June and September 2004. The small claims case went before an arbitrator and was dismissed. Landlord couldn't sue tenant again for the rent claimed for those four months. Landlord could still seek rent claimed for October through December 2004 in the new proceeding.

Zhao v. Cheng: NYLJ, 2/28/07, p. 19, col. 3 (Civ. Ct. Queens; Siegal, J)

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