de la Rosa v. Landucci
This text of 70 Misc. 3d 136(A) (de la Rosa v. Landucci) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
de la Rosa v Landucci (2021 NY Slip Op 50067(U)) [*1]
| de la Rosa v Landucci |
| 2021 NY Slip Op 50067(U) [70 Misc 3d 136(A)] |
| Decided on January 29, 2021 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Decided on January 29, 2021
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Higgitt, McShan, JJ.
570211/20
against
Robert Landucci, Defendant-Respondent.
Plaintiff appeals from a "decision and order" of the Civil Court of the City of New York, Bronx County (Marian C. Doherty, J.), entered July 16, 2019, after a nonjury trial, which dismissed her complaint and awarded defendant damages on his counterclaim in the principal amount of $11,300.
Per Curiam.
Appeal from "decision and order" (Marian C. Doherty, J.), entered July 16, 2019, deemed an appeal from the ensuing judgment (same court and Judge), entered on or about July 24, 2019, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.
Defendant's counterclaim for unpaid rent for the months of November 2016 through January 2017, due under a commercial lease, is not barred by res judicata, collateral estoppel or the prohibition against claim splitting. Inasmuch as the issues relating to plaintiff-tenant's nonpayment of rent for any month after October 2016 had not matured when defendant-landlord commenced the summary nonpayment proceeding against plaintiff in October 2016, and consequently had not been litigated or decided therein, the counterclaim is not barred by the determination in that proceeding (see UBS Sec. LLC v Highland Capital Mgt., L.P., 159 AD3d 512, 513-514 [2018], lv dismissed 32 NY3d 1080 [2018]; Sannon-Stamm Assoc., Inc. v Keefe, Bruyette & Woods, Inc., 68 AD3d 678 [2009]).
All concur
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Clerk of the Court
Decision Date: January 29, 2021
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