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FUSCO v. KRAUMLAP REALTY CORP.

1 A.D.3d 189 (2003)

767 N.Y.S.2d 84

IRMA FUSCO, Appellant, v. KRAUMLAP REALTY CORP., Respondent, et al., Defendants. (And a Third-Party Action.) KRAUMLAP REALTY CORP., Fourth-Party Plaintiff-Respondent, v. WAVECREST MANAGEMENT TEAM, LTD., Fourth-Party Defendant-Respondent.

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

November 18, 2003.

In this case, we must decide whether a decision and order issued by Housing Court in a rent nonpayment case has res judicata effect in a subsequent wrongful eviction action for damages in Supreme Court.

Plaintiff, Irma Fusco, had been a tenant in an apartment located on Pilot Street, Bronx, New York for approximately 23 years until her eviction by Kraumlap on September 12, 1994. During the last three years of her tenancy, the building was in receivership, and defendant...

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