Tenant Didn't Raise Overcharge Claim in Prior Case

February 8, 2012

LVT Number: #23894

Tenant sued landlord for rent overcharge. Landlord counterclaimed for unpaid rent arrears. The court dismissed the entire case. Both sides appealed. The appeals court ruled against tenant and for landlord. Tenant's overcharge claim was properly dismissed because tenant could have raised it in a prior nonpayment proceeding but failed to do so. The court's prior ruling on how much rent was owed barred reconsideration. But landlord's counterclaim for unpaid rent could go forward because the rent in question wasn't yet owed when the prior case was decided.

Tenant sued landlord for rent overcharge. Landlord counterclaimed for unpaid rent arrears. The court dismissed the entire case. Both sides appealed. The appeals court ruled against tenant and for landlord. Tenant's overcharge claim was properly dismissed because tenant could have raised it in a prior nonpayment proceeding but failed to do so. The court's prior ruling on how much rent was owed barred reconsideration. But landlord's counterclaim for unpaid rent could go forward because the rent in question wasn't yet owed when the prior case was decided.

Olawoyin v. 520 West 43rd Street Partners LLC: NYLJ, 1/4/12, p. 22, col. 3 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Torres, JJ)

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