Bevilacqua v. CRP/Extell Parcel I, L.P.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered July 11, 2013, which granted defendants’ motion to dismiss the complaint on the grounds of res judicata, collateral estoppel, and failure to state a cause of action, unanimously affirmed, without costs.

Plaintiffs claims for return of his down payment and rescission of his condominium unit purchase agreement were precluded by the Attorney General’s prior determination against him and the CPLR article 78 proceeding dismissing his challenge to it, which barred the claims that he brought and those that he could have brought (see…