Fontani v. Hershowitz
| Decision Date | 29 November 2004 |
| Docket Number | 2003-06776. |
| Citation | 784 N.Y.S.2d 903,12 A.D.3d 636,2004 NY Slip Op 08832 |
| Parties | LEONARD FONTANI, Appellant, v. JOSEPH HERSHOWITZ, Also Known as JOSEPH GHERSHOWITZ, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is modified, on the facts, by deleting the provision thereof granting that branch of the cross motion which was to impose a sanction, in effect, pursuant to 22 NYCRR 130-1.1 and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed, without costs or disbursements.
Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint on the ground of res judicata (see Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343 [1999]; O'Brien v City of Syracuse, 54 NY2d 353 [1981]; 22 NYCRR 130-1.1 [c]; Matter of Sud v Sud, 227 AD2d 319 [1996]). This action merely raised issues already raised and determined, or which could have been raised and determined, in a prior action between the same parties (see Parker v Blauvelt Volunteer Fire Co., supra at 347-348).
Under the circumstances of this case, a sanction should not have been imposed.
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...76 A.D.3d 1022, 908 N.Y.S.2d 106; Matter of Fontani v. Hershowitz, 12 A.D.3d 672, 784 N.Y.S.2d 890; Matter of Fontani v. Hershowitz, 12 A.D.3d 636, 784 N.Y.S.2d 903). However, the plaintiff has continued in his attempts to re-litigate the underlying judgment and has also sought various form......
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...Hershowitz, 76 A.D.3d 1022, 908 N.Y.S.2d 106 ; Matter of Fontani v. Hershowitz, 12 A.D.3d 672, 784 N.Y.S.2d 890 ; Fontani v. Hershowitz, 12 A.D.3d 636, 784 N.Y.S.2d 903 ). However, as previously stated by this Court, the petitioner has continued in his attempts to relitigate the underlying ......
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...were affirmed by this Court on appeals ( see Matter of Fontani v. Hershowitz, 12 A.D.3d 672, 784 N.Y.S.2d 890; Fontani v. Hershowitz, 12 A.D.3d 636, 784 N.Y.S.2d 903). Subsequent to those appeals, the petitioner commenced another enforcement proceeding in the Supreme Court, resulting in an ......
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