Finkel v. New York City Housing Authority

The court correctly determined that the complaint filed with respondent New York State Division of Human Rights in 2010 was barred under the doctrine of res judicata because the complaints filed by petitioner in federal court in 1990 and 1991 were based on the same transaction as the 2010 petition, and *493were dismissed on the merits (see Zito v Fischbein Badillo Wagner Harding, 80 AD3d 520, 521 [2011]; Bettis v Kelly, 68 AD3d 578, 579 [2009]). Moreover, the 2010 complaint fails to allege any additional damages that were separate and distinct from those generated by respondent New York City…