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32ND JABEZ CORP. v. MEEKANG, INC.

Index No. 653156/14. Appeal No. 13740. Case No. 2018-5145.

194 A.D.3d 414 (2021)

143 N.Y.S.3d 203

2021 NY Slip Op 02748

32nd Jabez Corp., Appellant, v. Meekang, Inc., Respondent.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Matthew Jeon, P.C., New York ( Sungoh Yoo of counsel), for appellant.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

Since defendant landlord was previously granted a judgment of possession after plaintiff tenant interposed counterclaims in a summary nonpayment proceeding but failed to appear at trial, plaintiff's claims in the instant action were properly dismissed as barred by res judicata. The claims, based on defendant's alleged conduct interfering with plaintiff's use of the leased premises and leading to its alleged constructive eviction...

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