No Damages for Unpaid Rent

February 1, 1993

LVT Number: 6719

Landlord sued tenant, seeking damages for unpaid rent. The trial court dismissed landlord's petition, and landlord appealed. The appeals court denied landlord's appeal. Landlord had already sued tenant for rent in a prior court action. That action had been settled by a court-approved stipulation. Landlord was barred from bringing a new action for damages based on the same rent that was the subject of the prior proceeding.

Landlord sued tenant, seeking damages for unpaid rent. The trial court dismissed landlord's petition, and landlord appealed. The appeals court denied landlord's appeal. Landlord had already sued tenant for rent in a prior court action. That action had been settled by a court-approved stipulation. Landlord was barred from bringing a new action for damages based on the same rent that was the subject of the prior proceeding.

[Haberman v. Emanuel: NYLJ, p. 22, col. 1 (1/7/93) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Ross, Rubin, JJ)].

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