Judge Sabrina Kraus
Landlord commenced this summary holdover proceeding against Tejada to recover possession of the subject premises alleging tenant unlawfully sublet the premises to an unidentified person. Landlord also asserted tenant resided in either a New Jersey home, in an adjacent apartment to the subject unit or in an unknown location. Tenant asserted the same claim was previously brought by landlord and was discontinued with prejudice, orally moving for dismissal. The court noted landlord alleged a breach of the same lease provision, and there was also no reference to any non-primary residence action being commenced by landlord against tenant. It ruled a stipulation of discontinuance with prejudice was entitled to preclusive effect under res judicata. The court found the claims in this action were nearly identical to the 2007 claims, and the parties were identical to the prior proceeding. Thus, as the allegations in the suit arose from the same transactions and occurrences as the prior action, and the nature of tenant’s relationship to the New Jersey home or adjacent apartment were specifically raised in the 2007 action, tenant’s cross-motion to dismiss the proceeding was granted.
