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?

Asked 7 months ago - Utica, NY

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)

  1. Steven Warren Smollens

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  3. Bruno Patrick Bianchi

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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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