263 A.D. 816 | N.Y. App. Div. | 1941
Order of the Appellate Term, in so far as appealed from, reversed on the law, and order and judgment of the Municipal Court affirmed, with costs in this court and in the Appellate Term. The first defense and counterclaim was properly struck out by the Municipal Court upon the ground that all the questions raised in this defense were litigated in the condemnation proceedings and the matters are, therefore, res judicata. The tenant’s ground for relief under this counterclaim is based upon the claim that the cost of relocating the building and equipment was included in the consequential damages that were allowed to the owner. Some item of damage of this character of an unknown amount was doubtlessly included in the consequential damages allowed. The tenant claimed this item both upon the hearing in condemnation proceedings and in the objections filed to the tentative decree. The decision was against her and no appeal was taken. The judgment in that proceeding is a complete bar