In this small claims action to recover September 2006 rent and for damage to the premises, the Justice Court held that plaintiffs could not pursue the instant claim for rent because they had commenced a prior action in July 2006, in the Justice Court of the Town of Pelham, for rent, and, thus, they were impermissibly splitting a single cause of action. In the prior action, plaintiffs sued, inter alia, for two weeks' rent for September 2005. It is well settled that the claim...
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