The motion court should not have dismissed the complaint based on res judicata. Plaintiff tenant's claims for money damages arising out of torts unrelated to possession of the premises or collection of rent, and involving parties other than just her landlord, could not have been brought as counterclaims in housing court and therefore were not subject to preclusion under the doctrine of res judicata (Rostant v Swersky,
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WHEELER v. LINDEN PLAZA PRESERV. LP
9431, 150079/17.
172 A.D.3d 608 (2019)
2019 NY Slip Op 04100
Deborah Wheeler, Appellant, v. Linden Plaza Preservation LP et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 28, 2019.
Decided May 28, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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