Landlord sued to evict tenant for creating a nuisance to other tenants and damaging her apartment. Tenant in turn claimed that landlord was harassing her. Landlord asked the court to dismiss tenant’s harassment claim before a trial. The court ruled for landlord. Tenant had sued landlord for harassment in a State Supreme Court action. That court had already dismissed tenant’s claim, which was based on the same facts tenant claimed in the nuisance eviction proceeding. Since the harassment issue already was decided, tenant couldn’t raise it again in the housing court case.
Soufer Family LLC v. Abdow: NYLJ, 3/24/10, p. 26, col. 3 (Civ. Ct. NY; Scheckowitz, J)
