Board of Managers of Windridge Condominiums One v. Horn
Court: Appellate Division of the Supreme Court of the State of New York; December 1, 1996; New York; State Appellate Court
In a foreclosure action concerning a condominium unit due to nonpayment of common charges, the defendants, led by Sadie Horn, appeal an order from the Supreme Court, Orange County, which granted the plaintiffs' motion for summary judgment and dismissed the defendants' affirmative defenses and counterclaims. The court affirmed the order, emphasizing that the plaintiffs established a prima facie case of nonpayment, to which the defendants failed to provide sufficient evidence of any payments made. The court also upheld the dismissal of the defendants' defenses and counterclaims based on the doctrine of res judicata, which bars relitigation of claims that have been decisively resolved in prior proceedings involving the same parties or their privies. The court noted that the defendants' counterclaims were appropriately dismissed under a "transactional analysis" approach, as they stemmed from a prior case that had been adjudicated on the merits. Consequently, the defendants' counterclaims did not provide a valid defense against the foreclosure action. The order was affirmed with costs.