Ashley v Rizzi

[*1] Ashley v Rizzi 2016 NY Slip Op 50062(U) Decided on January 20, 2016 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 20, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
571097/15

Michael Ashley, Plaintiff-Respondent,

against

Gleides Lopes Rizzi, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims

Part of the Civil Court of the City of New York, New York County (Leticia M. Ramirez, J.), entered on or about June 16, 2015, after trial, in favor of plaintiff and awarding him damages in the principal sum of $5,000.

Per Curiam.

Judgment (Leticia M. Ramirez, J.), entered on or about June 16, 2015, reversed, without costs, and the action is dismissed.

This small claims action by plaintiff seeks damages for an alleged rent overcharge in relation to a sublease of an HDFC apartment. A prior small claims action by plaintiff, seeking recovery of damages against defendant for an overcharge with regard to the same apartment, was dismissed for lack of standing, and no appeal was taken from that dismissal. In these circumstances, the instant action must be dismissed because plaintiff "is collaterally estopped by the prior [determination] holding that he lacked standing to sue" (see Fallek v Becker, Achiron & Isserlis, 246 AD2d 394 [1998]). Thus, dismissal of the underlying small claims action achieves "substantial justice" consistent with substantive law principles (CCA 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 20, 2016