Practice point: A court has the inherent power, sua sponte or on motion, to reconsider and vacate its prior decision before issuing an order thereon.
Students should note that the claim-splitting doctrine does not preclude a tenant from seeking damages in an action separate from that in which he had sought to be restored to possession.
Case: Rostant v. Swersky, NY Slip Op 08987 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Torts.
