May v D'Abusco

[*1] May v D'Abusco 2010 NY Slip Op 50857(U) [27 Misc 3d 136(A)] Decided on May 14, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Hunter, JJ
570119/10.

Judith C. May, Plaintiff-Appellant,

against

Lorenzo Scotto D'Abusco, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of Civil Court of the City of New York, Bronx County (Irving Rosen, JHO), entered on or about November 3, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Irving Rosen, JHO), entered on or about November 3, 2009, affirmed, without costs.

This small claims action is barred by the doctrine of res judicata, since plaintiff-appellant brought (or could have brought) the claims raised herein in a prior action which was decided on the merits against her (see Parker v Blauvelt Volunteer Fire Co., Inc.,93 NY2d 343 [1999]; Fifty CPW Tenants Corp. v Epstein, 16 AD3d 292 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: May 14, 2010