Carucci v. Kaplan

The Supreme Court properly determined that the doctrine of res judicata does not bar litigation of the validity of the plaintiffs resignation of his membership in the defendant North Fork Preserve, Inc. (hereinafter North Fork) (see Employers’ Fire Ins. Co. v Brookner, 47 AD3d 754, 756 [2008]; Mosello v First Union Bank, 258 AD2d 631, 632 [1999]). The plaintiff asserts that he resigned his membership in North Fork in January 2005, pursuant to article IY § 2 of its by-laws and, thus, was not obligated to pay membership dues after that date. A plain reading of article IY § 2 supports the…