Brooklyn Welding Corp. v. City of New York

Decision Date30 November 1993
Citation198 A.D.2d 189,604 N.Y.S.2d 87
PartiesBROOKLYN WELDING CORPORATION, Plaintiff-Respondent, v. The CITY OF NEW YORK, et al., Defendants-Appellants, and Tishman Construction Company as Agent for The City of New York, Defendant. BROOKLYN WELDING CORPORATION, Plaintiff-Respondent, v. The CITY OF NEW YORK, et al., Defendants, and Tishman Construction Company as Agent for The City of New York, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Before SULLIVAN, J.P., and WALLACH, KUPFERMAN and NARDELLI, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about August 10, 1992, which, inter alia, dismissed the Third, Sixth, Ninth and Tenth causes of action of the complaint without prejudice to replead as to the City pursuant to § 7-201 of the Administrative Code of the City of New York, unanimously reversed to the extent appealed from, on the law, and the City's cross-motion for summary judgment dismissing the Third, Sixth, Ninth and Tenth causes of action is granted, without leave to replead, without costs.

Order, of the same court, entered February 17, 1993, which denied Tishman's motion to renew that portion of the court's August 10, 1992 order which dismissed the Third, Sixth, Ninth and Tenth causes of action without prejudice to replead as to Tishman in a manner consistent with the court's decision, dated April 21, 1992, unanimously reversed, on the law, renewal granted and, upon renewal, Tishman's cross-motion for summary judgment dismissing those causes of action is granted, without leave to replead, without costs.

This State has adopted the transactional analysis approach in deciding res judicata issues (Matter of Reilly v. Reid, 45 N.Y.2d 24, 407 N.Y.S.2d 645, 379 N.E.2d 172). Under this principle, once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred even if based upon different theories or if seeking a different remedy (O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158). The IAS court acted properly in dismissing the claims sounding in breach of contract and fraud as being judicially precluded by the unsuccessful Article 78 proceeding brought by plaintiff in Kings County to annul HPD's March 26, 1991 determination of default. While it cannot be said that the court in that proceeding addressed the issues raised by plaintiff in this action in a manner that would warrant invocation of collateral estoppel, the claims of mutual or unilateral mistake and those seeking reformation or rescission of the contract, which the IAS court granted plaintiff leave to replead, arise out of the same occurrences as those that were or could have been litigated in the proceeding to annul the determination of default under the terms of the contract. It should matter not that such claims arise under different theories or that different remedies are sought (O'Brien, supra; Coleman v. Chaibane Props., 188 A.D.2d 413, 592 N.Y.S.2d 245, lv. dismissed 81 N.Y.2d 1007...

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  • U.S. v. Schmitt
    • United States
    • U.S. District Court — Eastern District of New York
    • March 31, 1998
    ...Warehousing Inc. v. Town of New Windsor, 238 A.D.2d 370, 656 N.Y.S.2d 329 (2d Dept.1997); Brooklyn Welding, Corp. v. The City of New York, 198 A.D.2d 189, 604 N.Y.S.2d 87 (1st Dept.1993); Patsy Bello Nurseries, Inc. v. The City of New York, 94 A.D.2d 722, 462 N.Y.S.2d 258 (2d In addition, t......
  • Okolie v. Paikoff
    • United States
    • U.S. District Court — Eastern District of New York
    • December 11, 2008
    ...2001 WL 483493, at *7-8; Cornwall Warehousing Inc., 238 A.D.2d at 371, 656 N.Y.S.2d at 330; Brooklyn Welding Corp. v. City of New York, 198 A.D.2d 189, 189-90, 604 N.Y.S.2d 87 (1st Dep't 1993); see also Golkin v. Abrams, 803 F.2d 55, 57 (2d Cir.1986) (applying res judicata to plaintiffs' co......
  • Sterngass v. County of Rockland
    • United States
    • New York Supreme Court Appellate Division
    • October 31, 1994
    ...by res judicata (see, Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304, 165 N.E. 456; see also, Brooklyn Welding Corp. v. City of New York, 198 A.D.2d 189, 604 N.Y.S.2d 87; Keane v. New York Law School, 186 A.D.2d 453, 589 N.Y.S.2d We have received the plaintiff's remaining conte......
  • Brown v. Christopher Street Owners Corp.
    • United States
    • New York Supreme Court Appellate Division
    • December 8, 1998
    ...357-358, 445 N.Y.S.2d 687, 429 N.E.2d 1158; Thomas v. City of New York, 239 A.D.2d 180, 657 N.Y.S.2d 634; Brooklyn Welding Corp. v. City of New York, 198 A.D.2d 189, 604 N.Y.S.2d 87, lv. dismissed 83 N.Y.2d 795, 611 N.Y.S.2d 128, 633 N.E.2d 482) and the earlier grant of summary judgment to ......
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