Truong v Litman

Truong v Litman 2012 NY Slip Op 02172 Decided on March 22, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 22, 2012
Tom, J.P., Friedman, Acosta, DeGrasse, Román, JJ.
7178 102895/09

[*1]Mac Truong, Plaintiff-Appellant, Maryse Mac-Truong, Plaintiff,

v

Jack Litman, et al., Defendants-Respondents.




Mac Truong, appellant pro se.
Litman, Asche & Gioiella, LLP, New York (Richard M. Asche
of counsel), for respondents.

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 26, 2010, dismissing the complaint, and bringing up for review an order, same court and Justice, entered July 6, 2009, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Dismissal of this action was proper as it is barred by the doctrine of res judicata (see generally O'Brien v City of Syracuse, 54 NY2d 353 [1981]). The transactions upon which this action is premised were the subject of prior claims brought by and concluded against plaintiffs in both state and federal court (see id. at 357; Elias v Rothschild, 29 AD3d 448 [2006]). Contrary to plaintiffs' argument, the claims alleging violations of plaintiffs' civil rights under 42 USC § 1983 and § 1985 were decided against plaintiffs on the merits and the breach of contract claim was fully litigated and decided against plaintiffs in Civil Court, New York County.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 22, 2012

CLERK