Tenant Can't Pursue Counterclaim After Case Settled

November 1, 2005

LVT Number: 18438

Landlord sued to evict tenant. Tenant raised counterclaims for property damage. Landlord and tenant signed a settlement agreement in court. Tenant agreed to withdraw the counterclaims and to pursue them in a separate court action. Tenant then started a separate court action against landlord based on the same claims. That case was dismissed as untimely. Tenant then asked the housing court to restore the eviction case so she could pursue the counterclaims. The court ruled against tenant. Tenant appealed and lost.

Landlord sued to evict tenant. Tenant raised counterclaims for property damage. Landlord and tenant signed a settlement agreement in court. Tenant agreed to withdraw the counterclaims and to pursue them in a separate court action. Tenant then started a separate court action against landlord based on the same claims. That case was dismissed as untimely. Tenant then asked the housing court to restore the eviction case so she could pursue the counterclaims. The court ruled against tenant. Tenant appealed and lost. Tenant chose to pursue the counterclaims in a separate court action, which had been dismissed because it wasn't filed on time. The claims had been decided and tenant couldn't raise them again.

Partnership 92 West, LP Owners v. Dobrolowicz: NYLJ, 10/27/05, p. 26, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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