Jimenez v. Shippy Realty Corp.

—In an action to recover damages, inter alia, for breach of a covenant of quiet enjoyment and for consequential damages, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 8, 1993, as granted the branch of the defendant’s motion which was for summary judgment dismissing the plaintiff’s fourth cause of action for consequential damages on the grounds of collateral estoppel and res judicata.

Ordered that the order is reversed insofar as appealed from, with costs, and the branch of the defendant’s motion…