Posted by Mark Smith on April 19, 2000 at 21:02:18:
From the New York Law Journal, Thursday, April 20:
Attorney's Claim Is Barred by Res Judicata; Civil Court Was Proper Place to Raise Claim
Plaintiff initiated an action against defendant, owner of his apartment building and numerous other defendants, for violations of the Federal Fair Debt Collection Practices Act. Defendants moved for summary judgment, arguing that plaintiff's claim was barred by res judicata. Defendants contended that plaintiffs' failure to raise his claim during the trial of the third summary proceeding before the New York City Civil Court, precluded him from now raising the claim before the instant court. The court agreed with defendants, concluding that plaintiff should have availed himself of the Civil Court and raised his FDCPA claim there. The court also found "it particularly telling that [plaintiff], a practicing attorney, had filed this action with the [c]ourt months before the trial in the Civil Court, yet remained silent regarding his FDCPA claim at the trial below."
Cousins v. Duane Street Associates, Southern District, Judge Casey
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