Klein v. Ickovitz

Defendant appeals from a judgment of $1,280 for rent.

A stipulation of facts shows that in an earlier forcible detainer action, judgment for possession was entered for plaintiff in a cause entitled, “Louis Klein and Malvina Klein, d/b/a Apex Associates vs. Morton Ickovitz,” and defendant was evicted. There was no appeal from that judgment and its validity is not questioned in the instant case.

The subject matter of this cause (eight months’ rent to the end of the lease term, some of it accruing after eviction) was previously litigated, resulting in a judgment against defendant which was…