Case Type
Non-payment
Housing Type
Commercial Property
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-308685-25/QU
Slip Opinion Number
2025 NY Slip Op 51384(U)
Petitioner
Lemena Holdings LLC
Respondent
Wo Kee Noodle Inc., & XYZ CORP.
Judge
Kagan, Mark
Decision/Order Date
2025-09-02
Posture
Other
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The court denied the tenant's motion to dismiss the nonpayment petition, which was based on a claim of res judicata from a prior dismissed case. The court found that the previous dismissal was due to a **defective rent demand**, a procedural prerequisite, and not a decision on the merits of the underlying claim for rent. Therefore, the doctrine of **res judicata** did not apply to bar the landlord from commencing a new proceeding after correcting the deficiency in the predicate notice. The court reasoned that a dismissal based on a failure to comply with a preliminary act does not preclude a subsequent action once the act is properly performed.
Keywords
Previous dismissal for defective rent demand does not have res judicata effect on new nonpayment based on corrected rent demand; commercial nonpayment
Recommended Citation
"Lemena Holdings LLC v. Wo Kee Noodle Inc." (2025). All Decisions. 1938.
https://ir.lawnet.fordham.edu/housing_court_all/1938
