Prior Case on Chronic Nonpayment Already Decided

(Decision submitted by Manhattan attorney Jeffrey F. Cohen, who represented the tenant.) Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord's termination notice in this case relied on most of the same facts stated in a prior chronic nonpayment case against tenant. In the prior case, landlord and tenant signed a settlement agreement that put tenant on probation. Landlord now claimed that tenant didn't comply with the obligation to pay rent on time during the probation period. But the probation period had ended and landlord didn't go back to court claiming that tenant had violated the agreement while it was in effect. Since the prior case was already decided, landlord couldn't use the prior nonpayment to support a new claim of chronic nonpayment. Landlord should have started a nonpayment case.

Elmwood Estates LLC v. Rosner: NYLJ, 7/20/05, p. 19, col. 1 (Civ. Ct. Bronx; Alpert, J)