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Landlord urges relief from claim‑preclusion on later rent default; tenants say issues were preserved improperly
Summary
In Paul Eng v. Chen's Food, appellant landlord argued that a subsequent February rent default was a new, non‑precluded event after an earlier procedural dismissal; tenants countered preservation and argued the judgment tracked earlier months, raising statute §239(7) and interplay with rule 41(b)(3).
Leonard Zide, representing the landlord Paul Eng (trustee), argued the trial court and the appellate division erred in holding prior summary‑process dismissal precluded recovery for rent that came into existence after the first action was docketed. Zide emphasized that Chen's Food 2 included a February 2024 default that postdated Chen's Food 1 and therefore could not have been litigated in the earlier…
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