Walsh v. CAS, Inc.

At issue in this appeal is whether Count V of appellant’s (tenant’s) counterclaim entitled “wrongful eviction” was properly dismissed because of the res judicata effect of a prior judgment of eviction, entered against the tenant in a county court eviction proceeding. In Count V, the tenant has interwoven several theories under the rubric of wrongful eviction. To the extent that a portion of the count contains allegations of constructive eviction based on code violations which preceded the appellee’s (landlord’s) initiation of the county court eviction action, the action is not barred by the…