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GAUDIO v. THE GRABLER BUILDING CONDOMINIUM

153998/16, 11245, 150982/16, 11246, 11247, 11244.

181 A.D.3d 481 (2020)

118 N.Y.S.3d 411

2020 NY Slip Op 01700

Joseph Gaudio et al., Appellants, v. The Grabler Building Condominium et al., Defendants, and Jordan Cooper, LLP, Respondent. Joseph Gaudio et al., Appellants, v. The Grabler Building Condominium et al., Defendants, and Paul Brensilber, Respondent. Joseph Gaudio et al., Appellants, v. The Grabler Building Condominium et al., Respondents, et al., Defendants. Joseph Gaudio et al., Appellants, v. Lesle Harris et al., Respondents, et al., Defendants. The Grabler Building Condominium et al., Intervenors-Respondents.

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

Decided March 12, 2020.

Res judicata did not bar plaintiffs' current action seeking compensation for injuries and damages resulting from a mold condition in their apartment in the building owned and managed by defendants (see Matter of Hunter, 4 N.Y.3d 260, 269 [2005]). The record shows that a stipulation discontinuing a prior lawsuit against one of defendants' board members for his alleged tortious acts was not intended to encompass plaintiffs' current...

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