Harley v. Adler
| Decision Date | 10 May 2004 |
| Docket Number | 2003-02005. |
| Citation | 2004 NY Slip Op 03771,7 A.D.3d 570,775 N.Y.S.2d 892 |
| Parties | CLARENCE HARLEY, Appellant, v. ROBERT ADLER ET AL., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
The plaintiff failed to raise a triable issue of fact in response to the defendants' prima facie showing of entitlement to judgment as a matter of law that the complaint is barred by the doctrine of res judicata (see Matter of Hodes v Axelrod, 70 NY2d 364 [1987]; Gramatan Home Invs. Corp. v Lopez, 46 NY2d 481, 485 [1979]). Res judicata precludes a plaintiff from relitigating claims which could have or should have been litigated in prior proceedings (see CRK Contr. of Suffolk v Brown & Assoc., 260 AD2d 530 [1999]; Coliseum Towers Assoc. v County of Nassau, 217 AD2d 387 [1996]).
In light of this determination, the parties' remaining contentions need not be reached.
To continue reading
Request your trial
-
Quinones v. Neighborhood Youth & Family Services, Inc., 2008 NY Slip Op 31795(U) (N.Y. Sup. Ct. 4/21/2008)
...M. Brown & Associates, Inc. 260 A.D.2d 530 (2nd Dept. 1999); see, also, Abraham v. Hermitage Ins. Co., 47 A.D.3d 855 (2nd Harley v. Adler, 7 A.D.3d 570 (2nd Dept. 2004); Lozada v. GBE Contracting Corp., 295 A.D.2d 482 (2nd Dept. Here, a review of the relevant record reveals that there is a ......
-
Yusung Song v Elmhurst Dental Office, 2008 NY Slip Op 31828(U) (N.Y. Sup. Ct. 6/19/2008), 0001287/2007
...CRK Contracting of Suffolk, Inc. v. Jeffrey M. Brown & Associates, Inc. 260 A.D.2d 530 (2nd Dept. 1999); see, also, Harley v. Adler, 7 A.D.3d 570 (2nd Dept. 2004); Lozada v. GBE Contracting Corp., 295 A.D.2d 482 (2nd Dept. Here, Dr. Quayam, as the party seeking to preclude plaintiff from al......
-
Dos Santos v. Rowser, 2007 NY Slip Op 30305(U) (N.Y. Sup. Ct. 3/13/2007)
...CRK Contracting of Suffolk, Inc. v. Jeffrey M. Brown & Associates, Inc. 260 A.D.2d 530 (2nd Dept. 1999); see, also, Harley v. Adler, 7 A.D.3d 570 (2nd Dept. 2004); Lozada GBE Contracting Corp., 295 A.D.2d 482 (2nd Dept. 2002). The principles of res judicata and collateral estoppel apply to ......
- Harley v. Adler