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GROSS v. TANNEN

251 A.D.2d 255 (1998)

675 N.Y.S.2d 49

Elliot S. Gross, Appellant, v. Steven Tannen et al., Respondents, et al., Defendant

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

June 30, 1998

It is undisputed that plaintiff's cause of action for cancellation of an apartment lease and eviction against defendants Tannen and Cooper in a prior mortgage foreclosure action, and plaintiff's causes of action for money damages against the same defendants in this action, are based on the same facts, to wit, the obtaining of the lease in question through fraud, collusion and self-dealing. Nothing prevented plaintiff from joining...

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