Tenants' Claims Resolved in Prior Case

June 30, 2002

LVT Number: 15944

Landlord sued tenants for back rent owed. Tenants claimed breach of their lease and failure to provide services. The court ruled for landlord. Tenants appealed and lost. They raised the same claims in a prior nonpayment case. Those claims were resolved in the prior case. So tenants couldn't raise the same claims in a new court case. If tenants' prior claims remained unresolved, they must seek to reopen the nonpayment case in court.

Landlord sued tenants for back rent owed. Tenants claimed breach of their lease and failure to provide services. The court ruled for landlord. Tenants appealed and lost. They raised the same claims in a prior nonpayment case. Those claims were resolved in the prior case. So tenants couldn't raise the same claims in a new court case. If tenants' prior claims remained unresolved, they must seek to reopen the nonpayment case in court.

Weinblad v. Beaux Arts II, Inc.: NYLJ, 6/27/02, p. 21, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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