Res judicata does not bar plaintiffs' current action seeking compensation for injuries and damages resulting from a mold condition in their apartment in a building that is owned and managed by defendants. The record shows that a stipulation discontinuing a prior lawsuit against one of defendants' board members for his alleged tortious acts was not intended to encompass plaintiffs' current claims.
Gaudio v. Grabler Bldg. Condominium, NY Slip Op 01700 (1st Dep't March 12, 2020)
Here is the decision.
