Prior Settlement Agreement Didn't Bar Later Proceeding

Landlord sued to evict rent-stabilized tenant for nonprimary residence in 2010. Tenant asked the court to dismiss the case based on a prior court settlement. In the prior 2001 case, the settlement agreement included a release from liability. The court ruled for tenant. Landlord appealed, and the case was reopened. The meaning and extent of a general release depends on the questions being settled and the purpose for which the release is given. In the prior case was part of a stipulation resolving an attorney's fee dispute and related agency proceedings involving landlord and tenant. The settlement agreement specified that landlord and tenant each released the other from any and all claims relating to tenant's occupancy of the apartment through the date of the agreement, which was May 14, 2009. Landlord didn't raise its new claim of nonprimary residence until more than a year later, in 2010. The release didn't bar the later claim.

River York Stratford, LLC v. Linderman: NYLJ, 7/20/12, p. 22, col. 2 (App. T. 1 Dept.; Torres, JP, Shulman, Hunter Jr., JJ)