Court Rejects Condo Sellers' Res Judicata Defense

MINEOLA, N.Y. - A New York judge has rejected home sellers' res judicata defense and denied their motion for summary judgment on buyers' efforts to make the sellers liable for post-sale repairs to alleviate continuing water problems and mold. Cooper, et ux. v. Sun America LLC, et al., No. 16043/2006 (N.Y. Sup. Ct., Nassau Cty.).

Nassau county (N.Y.) Supreme Court Justice Thomas Feinman said in his Dec. 11 order that contrary to the sellers' assertion, previous orders arising from the same mold problems "did not make a specific determination" as to the sellers' liability for repairs.

Jerome and Iylene Cooper …