Blue Sky, LLC v. Jerry's Self Storage, LLC

Duffy, J.,

dissents and votes to reverse the order insofar as appealed from, on the law, and grant that branch of the defendant’s motion which was for summary judgment dismissing the complaint, with the following memorandum: Under the facts of this case, the doctrines of res judicata and collateral estoppel bar the plaintiff, Blue Sky, LLC, from re-litigating this action against the defendant, Jerry’s Self Storage, LLC (hereinafter Jerry’s), and, thus, I disagree with my colleagues and vote to reverse the order insofar as appealed from and grant Jerry’s motion for summary judgment dismissing…