EMBER v. DENIZARD

6332 151379/16.

160 A.D.3d 537 (2018)

75 N.Y.S.3d 9

2018 NY Slip Op 02715

Max Ember, Appellant, v. Charlene Denizard et al., Respondents.

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

Decided April 19, 2018.


Plaintiff, Max Ember, is the shareholder and proprietary lessee of an apartment in a cooperative building owned, operated, and managed by defendants (collectively, the cooperative). In this action, he claims that the cooperative wrongfully refused to repair his heating system, as a result of which he suffered a serious and debilitating lung condition.

Defendants contend that the lung injury claim is barred by the doctrine of res judicata, relying on the preclusive...

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