Babigian v. Wachtler

• Decision Date: 31 March 1992
• Citation: 181 A.D.2d 640,582 N.Y.S.2d 14
• Parties: John H. BABIGIAN, Plaintiff-Appellant, v. Sol WACHTLER, etc., et al., Defendants-Respondents.
• Court: New York Supreme Court — Appellate Division

Page 14

582 N.Y.S.2d 14

181 A.D.2d 640

John H. BABIGIAN, Plaintiff-Appellant, v. Sol WACHTLER, etc., et al., Defendants-Respondents.

Supreme Court, Appellate Division, First Department.

March 31, 1992.

Before SULLIVAN, J.P., and ROSENBERGER, KASSAL and SMITH, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered March 19, 1991, which, insofar as appealed from, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The same cause of action, being raised herein, was directly addressed in Babigian v. Wachtler, 69 N.Y.2d 1012, 517 N.Y.S.2d 905, 511 N.E.2d 49, and, thus, the action is barred by the doctrine of res judicata (Matter of Reilly v. Reid, 45 N.Y.2d 24, 407 N.Y.S.2d 645, 379 N.E.2d 172). Although plaintiff notes that recent court rules now permit Housing Judges to impose sanctions (see, 22 NYCRR 130-1.4), such rules clearly do not affect the constitutionality of New York City Civil Court Act § 110(e). Moreover, the power to impose sanctions is part of a Housing Judge's dispute resolution authority. As for plaintiff's claim that the Court of Appeals erred in Babigian (supra), this Court has no power to review any such claim. It is for the Court of Appeals to pass on the continued validity of its earlier decisions (see, Carnesi v. State of New York, 140 A.D.2d 912, 913, 529 N.Y.S.2d 214).