Tenant Claims Rent Payment Wasn’t Credited

January 27, 2016

LVT Number: #26766

Tenant sued landlord in small claims court, claiming that he made a $1,000 rent payment in 2002 that was never credited to his rent account. The court ruled against tenant, who appealed and lost. The small claims court found that tenant failed to prove his claim. But the appeals court said there was another reason to dismiss the case. Tenant admitted that he had previously sued landlord in 2004 for the same claim, which was dismissed. Tenant can't bring the same claim for a matter that was already decided by a court.

 

 

 

 

Tenant sued landlord in small claims court, claiming that he made a $1,000 rent payment in 2002 that was never credited to his rent account. The court ruled against tenant, who appealed and lost. The small claims court found that tenant failed to prove his claim. But the appeals court said there was another reason to dismiss the case. Tenant admitted that he had previously sued landlord in 2004 for the same claim, which was dismissed. Tenant can't bring the same claim for a matter that was already decided by a court.

 

 

 

 

Rajapa v. Windsor-Oxford Co.: Index No. 1278/2015, NYLJ No. 1202746391459 (App. T. 2 Dept.; 12/29/15; Solomon, JP, Weston, Elliot, JJ)

Topics

More like this