Gardella v. Hagopian

Order of the Appellate Term, in so far as appealed from, reversed on the law, and order and judgment of the Municipal Court affirmed, with costs in this court and in the Appellate Term. The first defense and counterclaim was properly struck out by the Municipal Court upon the ground that all the questions raised in this defense were litigated in the condemnation proceedings and the matters are, therefore, res judicata. The tenant’s ground for relief under this counterclaim is based upon the claim that the cost of relocating the building and equipment was included in the consequential damages…