CAROL v. MADISON PLAZA APARTMENTS CORP.

392N, 156730/13.

137 A.D.3d 453 (2016)

25 N.Y.S.3d 875

2016 NY Slip Op 01563

VIOLA CAROL, Appellant, v. MADISON PLAZA APARTMENTS CORP., Respondent.

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

Decided March 3, 2016.


The complaint was properly dismissed as barred by the doctrine of res judicata. Plaintiff's action arose out of the same set of circumstances as her prior 2010 action, which was dismissed (see 95 A.D.3d 735 [1st Dept 2012], lv denied in part and dismissed in part 20 N.Y.3d 1021 [2013]), and "once a claim is brought to a final conclusion, all other claims arising out of the same transaction...

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