Legal Question in Landlord & Tenant Law in New York

Landlord/tenant civil action

Urgent Will be in court Feb 17th. A year ago, my previous landlord tried to sue me for money I had already paid to the previous owner of the building. Apparently the money was never transferred over to the new owner (previous landlord). After the judge reviewed my proof of payment (and over payments) the case was awarded in my favor and I moved out of the building. Fast forward - a year later,Today I receive a summons in the mail - he has changed lawyers, raised the amount by $10, 000 and is suing me in civil court.

I responded to the summons at the clerks office with some type of form they gave me. I stated that this same case was awarded in my favor in Oct. 2007. I also, requested a counter claim for to harassment, attorney fees, mental stress and I also stated this is abuse of legal process, res judicata.

If he lost in court previously, is it nor illegal for him to file another claim based on the same grounds but for more money? Isn't he precluded from his claim based on the prior judgment? If so, do I have grounds for a case to sue both the landlord and attorney in state & federal courts?


Asked on 2/15/09, 7:49 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord/tenant civil action

Generally, you are correct. You may have a claim to dismiss the action based on res judicata and collateral estoppel.

However, you do not have a claim (yet) for abuse of process. The instant action commenced by the landlord must first be dismissed before your claim becomes ripe.

Finally, I would implead the prior landlord for indemnification.

Mike.

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Answered on 2/16/09, 8:57 am


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