Tenant Can't Sue Landlord's Attorneys

Landlord sued tenant for use and occupancy in 2006. Tenant counterclaimed for a rent abatement. At trial, landlord showed that in two prior proceedings tenant had agreed to pay use and occupancy and to waive and release all claims against landlord. The court ruled for landlord, awarded landlord $11,460 in use and occupancy, and dismissed tenant's counterclaims.

Tenant then sued landlord's attorneys for "wrongful use of civil proceeding" and "abuse of process." The court held the case while tenant appealed the case that landlord had won. After tenant lost that appeal, the court dismissed tenant's case against landlord's attorneys. Tenant appealed and, in the meantime, sued landlord and its attorneys in federal court on similar grounds. The federal case was dismissed. The appeals court then ruled against tenant in the state court case. Landlord won the case for use and occupancy, and tenant couldn't relitigate by challenging the actions of landlord's attorneys in this new case. 

Caldwell v. Gutman, Mintz, Baker, Sonnenfeldt, P.C.: Index No. 2012-1409, NYLJ No. 1202646246737 (App. T. 2 Dept.; 2/7/14; Pesce, PJ, Weston, Solomon, JJ)