MARKS v. BERIAH


15 A.D.3d 317 (2005)

789 N.Y.S.2d 880

ILANIT MARKS et al., Appellants, v. SAMY BERIAH, Respondent.

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

February 24, 2005.


Plaintiffs' present claims, although couched in different terms and forms of relief, arise from the same transaction that was the subject of their counterclaims in the previously concluded Civil Court proceeding, and are thus barred under the doctrine of res judicata (O'Brien v City of Syracuse, 54 N.Y.2d 353 [1981]; Coleman v Chaibane Props., 188 A.D.2d 413 [1992], lv denied 84 N...

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