Court of Appeals of North Carolina May 3, 2011, COA10-645 (B. Kelley Enterprises, Inc. v. Vitacost.com, Inc.)

McGEE, Judge.

B. Kelley Enterprises, Inc. (Plaintiff) filed a complaint on 18 February 2009 against Vitacost.com, Inc. (Defendant), seeking to collect money due under a rental agreement. Plaintiff also sought to recover late fees, interest, attorneys’ fees, and costs. Defendant filed an answer in which it pleaded,

inter alia,

the defenses of

res judicata

and collateral estoppel.