EAST HAMPTON CAPITAL LLC v. FERGUSSON

11480. 152264/19.

183 A.D.3d 409 (2020)

121 N.Y.S.3d 592

2020 NY Slip Op 02718

East Hampton Capital LLC, Appellant, v. Claire Fergusson, Respondent.

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

Decided May 7, 2020.


Plaintiff is the owner of the subject apartment. Defendant is the present and long-time occupant. Plaintiff seeks a declaration that defendant has no right to occupy the apartment.

This action is barred by res judicata in view of the prior decision in an action involving defendant and a prior owner of the subject apartment (NLI/Lutz, LLC [NLI/Lutz]). "[U]nder res judicata, or claim preclusion, a valid final judgment bars future actions between the same parties," or...

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