Jamal v. Caroline Garden Tenants Corp.

• Decision Date: 12 June 2019
• Docket Number: 2017–06594,Index No. 7447/16
• Citation: 100 N.Y.S.3d 527 (Mem),173 A.D.3d 843
• Parties: Muzaffar JAMAL, Appellant, v. CAROLINE GARDEN TENANTS CORPORATION, Respondent.
• Court: New York Supreme Court — Appellate Division

173 A.D.3d 843
100 N.Y.S.3d 527 (Mem)

Muzaffar JAMAL, Appellant,
v.
CAROLINE GARDEN TENANTS CORPORATION, Respondent.

2017–06594
Index No. 7447/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—February 25, 2019
June 12, 2019

Muzaffar Jamal, Elmhurst, NY, appellant pro se.

Milber Makris Plousadis & Seiden, LLP, Woodbury, N.Y. (Patrick F. Palladino of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., SYLVIA O. HINDS–RADIX, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

In an action, inter alia, in effect, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Queens County (Carmen R. Velasquez, J.), entered April 24, 2017. The order granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss the complaint as barred by the doctrine of collateral estoppel.

ORDERED that the order is affirmed, with costs.

The plaintiff is a shareholder-tenant of the defendant, a residential cooperative corporation. The plaintiff, proceeding pro se, commenced this action, inter alia, in effect, to recover damages for breach of fiduciary duty, alleging, among other things, that he sustained damages as a result of the defendant's "deliberate mismanagement and deliberate abuse of board power." The defendant moved, inter alia, pursuant to CPLR 3211(a)(5) to dismiss the complaint as barred by the doctrine of collateral estoppel, and the plaintiff opposed the motion. The Supreme Court granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss the complaint. The plaintiff appeals.

"The doctrine of collateral estoppel ... precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity, whether or not the tribunals or causes of actions are the same" ( Ryan v. New York Tel. Co., 62 N.Y.2d 494, 500, 478 N.Y.S.2d 823, 467 N.E.2d 487 ). "Collateral estoppel comes into play when four conditions are fulfilled: (1) the issues in both proceedings are identical, (2) the issue in...