Flushing Plumbing Supply Co. v. F&T Management & Parking Corp.

In an action to recover damages for breach of a commercial lease, etc., the defendants appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated November 9, 2005, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that the action was barred by the doctrine of res judicata.

Ordered that the order is affirmed, with costs.

A fundamental concern underlying the doctrine of res judicata is fairness (see Matter of Hodes v Axelrod, 70 NY2d 364, 374 [1987]; McMahan & Co. v Bass, 255 AD2d 238 [1998]). In determining the fairness of applying…