MEGIBOW, M.D. v. THE CONDOMINIUM BOARD OF THE KIPS BAY TOWERS CONDOMINIUM, INC.


38 A.D.3d 265 (2007)

831 N.Y.S.2d 174

ALEC J. MEGIBOW, M.D., Appellant, v. THE CONDOMINIUM BOARD OF THE KIPS BAY TOWERS CONDOMINIUM, INC., Respondent.

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

Decided March 8, 2007.


Defendant was not barred by res judicata from requiring plaintiff to comply with the dog registration policy, by virtue of the stipulation of discontinuance with prejudice in the prior action. There, defendant had sought to enjoin plaintiff from harboring a dog in his apartment in violation of the condominium rules and regulations. The effect of the discontinuance was to permit plaintiff to harbor his dog. As the court found, the issue of whether the dog registration policy...

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