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Can a former landlord sue me in a separate case, if I have already taken him to court and won with him filing no counterclaim?

Utica, NY |
Filed under: Lawsuits and disputes

I had to take a very shady landlord to court and was awarded Judgement because he failed to show TWICE. While awaiting our first court date he filed in a separate court against me and his lawyer withdrew it. He made no counterclaim against my case. Can he now take me back to the first court and try to sue me there? He asked the court to re-open the case and they refused so now he is telling people he is just going to file a different court.

Attorney Answers 3

Posted

Anyone can start a lawsuit against anybody else. Nothing precludes your former landlord from suing you again. Whether or not he has a claim of any sort against you can only be answered by an attorney after reviewing all of the documents from the prior cases.

The above constitutes general information only and should not be considered legal advice.

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4 comments

Asker

Posted

I appreciate your response, however isn't this site to ask attorney's for general opinions, not for you just to respond to me to consult an attorney. If I had the means to afford one I wouldn't be on this site asking questions. I wanted to know if there is basically a double jeopardy rule....he cant sue me for what I have already won against him in a different court.....

Bruno Patrick Bianchi

Bruno Patrick Bianchi

Posted

Your landlord may be precluded from bringing some claims a second time. If you have prevailed on a certain issue in one of the lawsuits the landlord cannot raise that issue in a subsequent lawsuit. Without reviewing all of your cases, however, it is not possible to give you a definitive answer.

Asker

Posted

Thank you, that is much better for me. All his issues would be the same issues we had addressed in our appearance.

Bruno Patrick Bianchi

Bruno Patrick Bianchi

Posted

You're welcome. Good luck.

Posted

Dear Utica Tenant:

If the former shady landlord starts a fresh lawsuit, you have a chance to make a motion to dismiss if the issues involved in the new claim were already fully determined against the landlord in your lawsuit.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Asker

Posted

Thank you for your response. I figured this would be the case and the new judge would see, he not only had a chance to file a counterclaim, but he also had already filed and it was withdrawn by his lawyer. Thank you again

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. The point is not about the absent counterclaim. This concerns whether the issues raised in the new lawsuit were already previously litigated in your case and so were fully and finally determined.

Asker

Posted

No, they would be the same issues.

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. Then that provides grounds for a motion to dismiss.

Posted

What is he filing? A housing petition can have its financial issues severed (a process called "bifurcation") and the landlord can recover sums of rent in small claims/civil court depending on amount. If something else is happening, check with an Ttorney.

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Asker

Posted

Thank you, He would be filing claiming we owe him back payments and damages for frozen water pipes. However in our inquest we proved our contract was fraudulent as he didn't even have the right to allow us to move into the home, and we proved payments made, repairs we personally had to make to the waterlines {actually we replaced them all} , and his break in , changing of locks and theft of our property without an eviction, to which the state police responded.

Asker

Posted

We were awarded all our payments back since it was fraudulent, money we extended to repair the home, moving expenses, and value of stolen items he admitted to police he took.

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