Gramercy Holding Corp. v. Cohen

Full title: GRAMERCY HOLDING CORP., Respondent, v. ROBERT COHEN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1999

260 A.D.2d 542 (N.Y. App. Div. 1999)

86 N.Y.S.2d 739

Opinion

April 19, 1999

Appeal from the Supreme Court, Westchester County (Nastasi, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the defendant's first and second affirmative defenses and his first counterclaim are barred by the doctrine of res judicata as the issues raised therein could have been raised and resolved in a prior proceeding between the parties ( see generally, D.C.I. Danaco Contrs. v. Associated Univs., 248 A.D.2d 663; Coliseum Towers Assocs. v. County of Nassau, 217 A.D.2d 387, 390; Koether v. Generalow, 213 A.D.2d 379, 380).

The defendant's remaining contention is without merit.

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.