Cohen v. Bloom

• Citation: 234 A.D.2d 499,652 N.Y.S.2d 54
• Parties: Adam B. COHEN, Appellant, v. Andrew BLOOM, et al., Respondents.
• Decision Date: 23 December 1996
• Court: New York Supreme Court Appellate Division

Page 54

652 N.Y.S.2d 54

234 A.D.2d 499

Adam B. COHEN, Appellant, v. Andrew BLOOM, et al., Respondents.

Supreme Court, Appellate Division,

Second Department.

Dec. 23, 1996.

Adam B. Cohen, Boca Raton, Florida (Constance M. Cohen, of counsel), appellant pro se.

Before ROSENBLATT, J.P., and THOMPSON, SANTUCCI and ALTMAN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for breach of a lease agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Brien, J.), entered October 30, 1995, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The default judgment obtained by the defendant tenants in the Justice Court of the Town of Southampton, Suffolk County, whereby they recovered their security deposit pursuant to a lease with the plaintiff landlord, is not a bar to the present action by the plaintiff to recover damages for breach of the same lease. Although ordinarily a default judgment bars the litigation of issues that were, or could have been, determined in the prior action (see, Hunt v. Godesky, 189 A.D.2d 854, 592 N.Y.S.2d 781; Tantillo v. Giglio, 156 A.D.2d 664, 549 N.Y.S.2d 432; Chisholm-Ryder Co. v. Sommer & Sommer, 78 A.D.2d 143, 434 N.Y.S.2d 70), pursuant to Uniform Justice Court Act 1808, a judgment of a Justice Court "may be pleaded as res judicata only as to the amount involved in the particular action and shall not otherwise be deemed an adjudication of any fact at issue or found therein" (UJCA 1808). The judgment obtained by the defendants in the Justice Court is therefore not a bar to the present action in the Supreme Court (see, Purnavel v. Tel-A-Car of N.Y., 204 A.D.2d 297, 611 N.Y.S.2d 599; Koshgarian & Schreiner v. Vics, 112 A.D.2d 575, 491 N.Y.S.2d 509; Stern v. Hausberg, 22 A.D.2d 669, 253 N.Y.S.2d 447; Siegel, New York Prac. § 585 [2d ed.]; see also, Koch v. Consolidated Edison Co. of N.Y., 62 N.Y.2d 548, 556, n. 7, 479 N.Y.S.2d 163, 468 N.E.2d 1; Annot.: Res Judicata As Affected By Limitation of Jurisdiction of Court Which Rendered Judgment, 83 ALR2d 977).