Vacca v Rim Plumbing & Heating Supply

[*1] Vacca v Rim Plumbing & Heating Supply 2010 NY Slip Op 50599(U) [27 Misc 3d 129(A)] Decided on April 2, 2010 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 2, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., LaCAVA and IANNACCI, JJ
2009-358 OR C.

Cesare Vacca, Appellant,

against

Rim Plumbing & Heating Supply, Respondent.

Appeal from a judgment of the City Court of Newburgh, Orange County (Peter M. Kulkin, J.), entered August 2, 2007. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

Upon a review of the record in this small claims action to recover for a defective water meter, we find that the City Court's judgment dismissing the action following a nonjury trial provided the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). The City Court properly held that the doctrine of res judicata barred plaintiff from raising in this small claims action the same claim as plaintiff had previously brought in a prior small claims action with regard to the defective water meter (see Omara v Polise, 163 Misc 2d 989, 990 [App Term, 2d & 11th Jud Dists 1995]; Siegel, NY Prac § 585 at 1015-1016 [4th ed]). Accordingly, the judgment is affirmed. It is noted that a judgment in favor of plaintiff already exists and plaintiff may execute upon that judgment.

Molia, J.P., LaCava and Iannacci, JJ., concur.
Decision Date: April 02, 2010