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The Leasing Hotline
Landlord's Third Legal Action Barred
Res judicata and collateral estoppel bar a landlord from commencing a second action in a different court with a higher jurisdictional limit after the first court makes a proper determination of the issues. Licini v. Graceland Florist, Inc., et al., 2005-04180 (Index No. 18150/01) Supreme Court of New York, Appellate Division, Second Department, Sept. 12, 2006.
The landlord and tenant entered into a lease to occupy a store from Dec. 1, 1995, to Nov. 30, 2005. Thereafter, the tenant failed to pay rent for September, October, and November 1999. The landlord commenced a summary proceeding in a local court against the tenant and the subtenant seeking possession and back rent of $2500 per month. The landlord recovered possession and obtained a judgment in the sum of $7500.
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