Trensky v. Johnson

OPINION OF THE COURT

Order and judgment each entered on or about February 27, 2002 reversed, without costs, defendant’s counterclaims are dismissed and judgment is awarded to plaintiff on the main action in the principal sum of $2,148.59.

The doctrine of res judicata requires dismissal of the breach of contract and fraud counterclaims interposed by defendant in this small claims action, since defendant had the opportunity to raise those claims in the prior Supreme Court declaratory judgment action between these parties and involving the same real estate transaction (see, Sandcham Realty Corp. v…