Brown v Brown

[*1] Brown v Brown 2015 NY Slip Op 50489(U) Decided on March 26, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 26, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., SOLOMON and ELLIOT, JJ.
2013-2407 K C

James Brown, Appellant,

against

James Brown, Jr., Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered August 8, 2013. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this breach of contract action against his son, alleging that his son had failed to reimburse him for the costs of financing the purchase of a car. After a nonjury trial, the Civil Court dismissed the complaint, finding that the action was barred by the doctrine of res judicata based on a prior determination of the Civil Court.

Plaintiff admitted at trial that he had brought the same breach of contract cause of action in a prior case which had been determined by the Civil Court. Consequently, we find that the Civil Court properly dismissed the instant complaint as it was barred by the doctrine of res judicata (see generally Smith v Russell Sage Coll., 54 NY2d 185, 192-193 [1981]; O'Brien v City of Syracuse, 54 NY2d 353, 357-358 [1981]).

Accordingly, the judgment is affirmed.

Weston, J.P., Solomon and Elliot, JJ., concur.

Decision Date: March 26, 2015