Steinberg v. University Gardens Property Owners Ass'n

This is an omnibus motion to dismiss a complaint upon several grounds: (1) that a prior judgment in an action involving the same parties necessarily included within its ambit the question presented by the complaint in the instant action and was res judicata in respect thereto; (2) that the complaint fails to state a cause of action and a further ground which, by reason of this decision, has become moot.

The prior judgment, involving the same parties, was entered after trial before Mr. Justice Christ (University Gardens Prop. Owners Assn. v. University Gardens Corp., 21 Misc 2d 243, affd. 10 A…