343 East 77th Street Corp. v. Bloom

The trial court erred in believing that it was bound, by the principle of res judicata, to adhere to certain extraneous conclusions contained in a prior decision of a related dispute between the parties. That earlier Municipal Court decision in tenant’s favor was rendered in a proceeding brought by the landlord, pursuant to section 8 of the Emergency Business Space Bent Control Law (L. 1945, ch. 314, as amd.) to recover possession of certain rent-controlled commercial premises. The Municipal Court found that the landlord had failed to satisfy a statutory requirement which was a condition…