Hodge v 26 Ct. Assoc., LLC

[*1] Hodge v 26 Ct. Assoc., LLC 2015 NY Slip Op 51884(U) Decided on December 14, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 14, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : SOLOMON, J.P., WESTON and ELLIOT, JJ.
2014-1951 K C

Patricia Hodge, Appellant,

against

26 Court Associates, LLC, Respondent,

Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered June 23, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's motion to punish defendant for contempt.

ORDERED that the order is affirmed, without costs.

In this action to recover for "breach of lease," plaintiff, a commercial tenant in a building owned by defendant, appeals from an order which granted defendant's motion for summary judgment dismissing the complaint based on res judicata, and denied plaintiff's motion to punish defendant for contempt.

Plaintiff has not demonstrated any valid basis to disturb the order in question, which properly applied the principle of res judicata based on plaintiff's unsuccessful assertion, in a prior nonpayment summary proceeding, of a counterclaim for the same relief as sought herein. We note that we do not consider any materials which are dehors the record, nor do we consider any arguments raised or factual assertions made for the first time on appeal (see Chimarios v Duhl, 152 AD2d 508 [1989]).

Accordingly, the order is affirmed.

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

Decision Date: December 14, 2015