West Side Marquis LLC v. Moret, 2024 NY Slip Op 24055 (2024)

Citation: West Side Marquis LLC v. Moret, 2024 NY Slip Op 24055 (2024)
Parent Document: West Side Marquis LLC v. Moret, 2024 NY Slip Op 24055 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-02-23
Original Source: https://www.courtlistener.com/opinion/9478107/west-side-marquis-llc-v-moret/ ↗

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We agree with petitioner that respondent's claims that he is a qualifying ACR successor and entitled to pay the preferential ACR rent paid by his father are barred by the doctrine of res judicata (Rembrandt Indus. v Hodges Intl., 38 NY2d 502 [1976]; Morgan Stanley & Co., Inc. v Feeley, 75 AD3d 417, 418 [2010], lv denied 16 NY3d 702 [2011]). These claims were plainly within the scope of the dispute submitted to arbitration and the arbitrators specifically decided that respondent must pay the legal regulated rent rather than the ACR paid by his father (see Saiti v 316 E. 68th St. Corp., 193 AD3d 663 [2021]). Thus respondent's motion for summary judgment should have been denied.

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