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BLUMBERG v. LANDMARK COLONY AT OYSTER BAY HOMEOWNER'S ASSOCIATION, INC.

2008-10235

68 A.D.3d 911 (2009)

2009 NY Slip Op 9415

890 N.Y.S.2d 329

DIANA BLUMBERG, Appellant, v. LANDMARK COLONY AT OYSTER BAY HOMEOWNER'S ASSOCIATION, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 15, 2009.

Ordered that the order is affirmed, with costs.

The defendants demonstrated their entitlement to judgment as a matter of law by establishing that the plaintiff's causes of action regarding the defendants' alleged failure to maintain her condominium unit in accordance with the bylaws of the condominium association are barred by the doctrine of collateral estoppel, as the plaintiff's claims based on the same alleged failure were dismissed in a prior action (see Buechel...

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