Wrongful Eviction Issue Decided in Prior Case

July 31, 1996

LVT Number: 10752

Landlord sued former tenant for unpaid rent. Tenant claimed he'd been wrongfully evicted and asked the court to dismiss the case. The court ruled against tenant, and tenant appealed and lost. Landlord had previously started a nonpayment case against tenant. Tenant defaulted in that case, and the court ruled for landlord. Tenant never appealed that ruling. Therefore the issue of wrongful eviction had already been decided, and tenant couldn't raise it again here.

Landlord sued former tenant for unpaid rent. Tenant claimed he'd been wrongfully evicted and asked the court to dismiss the case. The court ruled against tenant, and tenant appealed and lost. Landlord had previously started a nonpayment case against tenant. Tenant defaulted in that case, and the court ruled for landlord. Tenant never appealed that ruling. Therefore the issue of wrongful eviction had already been decided, and tenant couldn't raise it again here.

Harlington Realty Corp. V. Polakovich: NYLJ, p. 29, col. 3 (7/2/96) (App. Div. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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