Opinion
No. 570614/23
03-22-2024
Barrett Japaning, Inc., Petitioner-Landlord-Appellant, v. Anna Bialobroda, Respondent-Tenant-Respondent and "John Doe" and "Jane Doe," Respondents-Undertenants.
Unpublished Opinion
PRESENT: Tisch, J.P., James, Perez, JJ.
Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Anne Katz, J.), entered on or about July 11, 2022, after a nonjury trial, which dismissed the petitions in consolidated holdover summary proceedings.
PER CURIAM.
Final judgment (Anne Katz, J.), entered on or about July 11, 2022, affirmed, with $25 costs.
The trial court's finding that landlord unreasonably withheld consent to tenant's requests to sublease the premises, is supported by a fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 A.D.2d 544, 544-545 [1990]; see also 409-411 Sixth St., LLC v Mogi, 22 N.Y.3d 875, 876-877 [2013]). Contrary to landlord's argument, the finding in a prior summary proceeding against tenant, involving a different sublease and proposed subtenant, that landlord reasonably refused permission to sublet does not have preclusive effect on these new proceedings. The doctrine of law of the case does not apply to these proceedings, and even if it did, this Court is not bound by law of the case (see Hutchings v Yuter, 108 A.D.3d 416 [2013]; Great Jones St. Realty Corp. v Chimsanthia, 74 Misc.3d 126 [A], 2022 NY Slip Op 50035[U] [App Term, 1st Dept 2022]). Nor does res judicata apply, "since the conduct at issue here took place after the commencement of the prior action" (UBS Sec. LLC v Highland Capital Mgt., L.P., 159 A.D.3d 512 [2018], lv dismissed 32 N.Y.3d 1080 [2018]).
We have considered landlord's remaining argument and find it both unpreserved and unsubstantiated.
I concur.