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IN RE CELIA SELIGSON, petap, v. BOARD OF MANAGERS OF THE 25 CHARLES STREET CONDOMINIUM res-res

743. IN RE CELIA SELIGSON, petap, v. BOARD OF MANAGERS OF THE 25 CHARLES STREET CONDOMINIUM res-res — Michael T. Sucher, Brooklyn, for ap — Ganfer & Shore, LLP, New York (Ira Brad Matetsky of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 24, 2014, which denied the two consolidated CPLR article 78 petitions challenging certain budgetary determinations made by respondent Board of Managers of the 25 Charles Street Condominium (the board) for its fiscal years 2011 and 2012, unanimously affirmed, without costs.

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743. IN RE CELIA SELIGSON, petap, v. BOARD OF MANAGERS OF THE 25 CHARLES STREET CONDOMINIUM res-res — Michael T. Sucher, Brooklyn, for ap — Ganfer & Shore, LLP, New York (Ira Brad Matetsky of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 24, 2014, which denied the two consolidated CPLR article 78 petitions challenging certain budgetary determinations made by respondent Board of Managers of the 25 Charles Street Condominium (the board) for its fiscal years 2011 and 2012, unanimously affirmed, without costs.

The rulings issued in the prior plenary action, both at the trial and appellate level, do not preclude petitioner, under either the doctrine of res judicata or collateral estoppel, from advancing her present claims. The propriety of the individual expenditures for the 2011 and 2012 budgets, which is the subject of this proceeding, was not decided, nor even at issue, in the prior action, nor could it have been raised there (see Matter of Hunter, 4 NY3d 260, 269 [2005]; see also Kaufman v. Eli Lilly & Co., 65 NY2d 449, 455 [1985]).

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