Megibow v. Condominium Board of the Kips Bay Towers Condominium, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered June 14, 2005, which granted defendant’s motion for summary judgment and denied plaintiffs motion to lift a stay of disclosure, unanimously affirmed, with costs.
Defendant was not barred by res judicata from requiring plaintiff to comply with the dog registration policy, by virtue of the stipulation of discontinuance with prejudice in the prior action. There, defendant had sought to enjoin plaintiff from harboring a dog in his apartment in violation of the condominium rules and regulations. The effect of the discontinuance was…
2Cases cited4 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Sokoloff v. Town Sports International, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- In re the Estate of VennerAppellate Division of the Supreme Court of the State of New York · 1997
- Aquilina v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1977
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- Green Thumb Lawn Care, Inc. v. IwanowiczAppellate Division of the Supreme Court of the State of New York · 2013
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