Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-01533
Slip Opinion Number
2025 NY Slip Op 04560
Petitioner
Lana, LLC
Respondent
Lucon Coffie, Claire St. Louis, et al.
Judge
Duffy, J.P.; Christopher, Warhit, Taylor, JJ.
Decision/Order Date
2025-08-06
Posture
Other
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this case, the landlord sued to recover unpaid rent and use and occupancy after a tenant's eviction was delayed for over two years due to COVID-19 moratoria. The Appellate Division reversed the lower court, holding that the landlord's claim for arrears that accrued after the final judgment of possession was not barred by the doctrine of res judicata. The court reasoned that the unique circumstances of the pandemic-related delay meant the later-accrued costs were not part of the same "transaction" as the initial holdover proceeding. It also held that the landlord's claims for damages from the tenant's failure to provide access for repairs and for improper subletting were not barred by res judicata because the Civil Court lacked subject matter jurisdiction to hear them in the original proceeding.
Keywords
Claim for Use & Occupancy Allowed for Arrears Accrued During COVID-19 Pandemic Eviction Moratorium; Use & Occupancy Claim Not Barred by Res Judicata Under Circumstances
Recommended Citation
"Lana, LLC v. Coffie" (2025). All Decisions. 1911.
https://ir.lawnet.fordham.edu/housing_court_all/1911
