Appellate Division of the Supreme Court of New York, 2003

Hartigan v. Manhattan Embassy Co.

Hartigan v. Manhattan Embassy Co.
Appellate Division of the Supreme Court of New York · Decided June 17, 2003
306 A.D.2d 135; 760 N.Y.S.2d 318; 2003 N.Y. App. Div. LEXIS 6972
Hartigan v. Manhattan Embassy Co.

Opinion of the Court

—Order, Supreme Court, New York County (Marcy Friedman, J.), entered November 25, 2002, which, upon reargument, adhered to a prior order of the same court and Justice granting defendants’ motion to dismiss the complaint as barred under the doctrine of res judicata, unanimously affirmed, with costs.

Inasmuch as plaintiff’s present claims arise from the same transactions that were the subject of her counterclaims in the *136previously concluded nonpayment proceeding, they are barred under the doctrine of res judicata (see Coleman v Chaibane Props., 188 AD2d 413, 414 [1992], lv dismissed 81 NY2d 1007 [1993]). Concur — Mazzarelli, J.P., Ellerin, Williams, Lerner and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.