MATTER OF CARTER v. WALT WHITMAN N.Y. CITY HOUS. AUTH.

2011-10937.

98 A.D.3d 1113 (2012)

951 N.Y.S.2d 210

2012 NY Slip Op 6296

In the Matter of TYRANA CARTER, Respondent, v. WALT WHITMAN NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

September 26, 2012.


Ordered that the amended order dated October 13, 2011, is reversed, on the law, without costs or disbursements, the petitioner's motion is denied, and the cross motion of Walt Whitman New York City Housing Authority (NYCHA) pursuant to CPLR 3211 (a) and 7804 (f) to dismiss the proceeding is granted.

The doctrine of res judicata "`gives binding effect to the judgment of a court of competent jurisdiction and prevents the parties to an action, and those in privity with...

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