1250 Broadway, 27th Floor New York, NY 10001


After John C. was evicted by Bon Aire Properties for violating his proprietary lease, because he failed to install carpeting or rugs on 90% of certain areas of his apartment, that outcome was affirmed by the Appellate Term, Second Department.

When John later filed suit against the cooperative corporation claiming disability discrimination, the Rockland County Supreme Court granted the corporation’s request to have the case dismissed on the grounds of “collateral estoppel”--that the issue was precluded due to the resolution of the prior litigation between the parties. But, the Appellate Division, Second Department, disagreed and reversed.

Since this suit raised claims of "harassment, discrimination and hostile conduct,” which had not been addressed in the earlier case, the AD2 didn’t think they were barred or otherwise unworthy of further consideration.

Second bite, at different fruit?

To view a copy of the Appellate Division’s decision, please use this link: Curley v Bon Aire Props., Inc.