Legal Question in Landlord & Tenant Law in New York
Civil Judgement
I won a landlord tenant action in civil court with a previous landlord over a year ago. Now he has gone to a new lawyer and is suing me for a larger amount of money. can he do that? After the court already ruled in my my favor for a previous action he is creating a new one trying to sue me for money I don't owe him.
1 Answer from Attorneys
Re: Civil Judgement
There is a legal theory of res judicata. This means, in effect, that a litigant has one opportunity to present his or her claims to a court. Ruling on the claim has a binding effect on an attempt to litigate future claims.
Based on your question, if the landlord lost in court and files another claim based on the same grounds, but for more money, he would be precluded from his claim based on the prior judgment.
Mike.
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