Legal Opinion
Carol v. Madison Plaza Apartments Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2016No. 392N 156730/13PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about November 18, 2014, which, insofar appealed from as limited by the briefs, granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.
The complaint was properly dismissed as barred by the doctrine of res judicata. Plaintiff’s action arose out of the same set of circumstances as her prior 2010 action, which was dismissed (see 95 AD3d 735 [1st Dept 2012], lv denied in part and dismissed in part 20 NY3d 1021 [2013]), and “once a claim is brought to a final conclusion, all other claims…
2Cases cited4 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Marinelli Associates v. Helmsley-Noyes Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Carol v. Madison Plaza Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by2 opinions
- Murphy v. Citigroup Global Mkts., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Escoffier v. Sokolski & ZekariaAppellate Terms of the Supreme Court of New York · 2018