Landlord Can't Sue Tenant Twice

August 31, 1993

LVT Number: 8190

Facts: Landlord sued to evict Nassau County tenant for nonpayment of rent. The court ruled for tenant, and rescinded tenant's lease. Landlord then sued tenant for nonpayment a second time. Tenant asked the court to dismiss based on the first court decision. The court instead amended its prior order by directing tenant to pay landlord $4,800 in back rent; landlord's new petition was dismissed. Tenant appealed.Court: Tenant wins. Landlord hadn't appealed the first court ruling. It was improper for the trial court to amend that decision, especially more than 15 days after it was issued.

Facts: Landlord sued to evict Nassau County tenant for nonpayment of rent. The court ruled for tenant, and rescinded tenant's lease. Landlord then sued tenant for nonpayment a second time. Tenant asked the court to dismiss based on the first court decision. The court instead amended its prior order by directing tenant to pay landlord $4,800 in back rent; landlord's new petition was dismissed. Tenant appealed.Court: Tenant wins. Landlord hadn't appealed the first court ruling. It was improper for the trial court to amend that decision, especially more than 15 days after it was issued. Landlord also had no grounds for the second nonpayment petition because the lease was rescinded. This made tenant a licensee; a different type of proceeding was needed.

Walton v. LaBella: NYLJ, p. 25, col. 6 (8/2/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Luciano, JJ)

Topics

More like this