Prior Case Involved Separate Apartment

January 1, 2002

LVT Number: 15495

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that a prior 1990 settlement agreement resolved the issues landlord raised. The court ruled for tenant. Landlord appealed and won. The prior case involved a different apartment on the same floor and made no mention of the apartment that was the subject of the new case. There was also no proof that the two apartments were combined. Landlord could go forward with the case.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that a prior 1990 settlement agreement resolved the issues landlord raised. The court ruled for tenant. Landlord appealed and won. The prior case involved a different apartment on the same floor and made no mention of the apartment that was the subject of the new case. There was also no proof that the two apartments were combined. Landlord could go forward with the case.

W. 50th St. Realty Co. LLC v. Garcia: NYLJ, 12/20/01, p. 21, col. 3 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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