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STANLEY v. SMITH

183 A.D.2d 675 (1992)

Cora Stanley et al., Appellants, v. Robert Smith et al., Individually and as the Board of Directors of Sherman Terrace Cooperative, Inc., et al., Respondents. (Action No. 1.) Cora Stanley et al., Appellants, v. Robert Smith et al., Individually and as the Board of Directors of Sherman Terrace Cooperative, Inc., et al., Respondents. (Action No. 2.) Cora Stanley et al., Appellants, v. City of New York et al., Respondents. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 28, 1992

The IAS court correctly dismissed this third action brought by plaintiffs as barred by the doctrine of res judicata. All three actions, while asserting legal theories that differ in some respects, are predicated on the same set of facts, namely, the improper towing of the plaintiffs' vehicles from the cooperative garage owned by the defendants. The chief participants and parties in all three actions are the same, with the exception...

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