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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