Ram v. Estate of Hershowitz

• Decision Date: 19 April 2017
• Citation: 52 N.Y.S.3d 437,149 A.D.3d 959
• Parties: In the Matter of Gil RAM, appellant, v. ESTATE OF Joseph HERSHOWITZ, et al., respondents.
• Court: New York Supreme Court — Appellate Division

149 A.D.3d 959

52 N.Y.S.3d 437

In the Matter of Gil RAM, appellant,

v.ESTATE OF Joseph HERSHOWITZ, et al., respondents.

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

April 19, 2017.

Gil Ram, Brooklyn, NY, appellant pro se.

Thomas Torto, New York, NY, for respondents.

REINALDO E. RIVERA, J.P., MARK C. DILLON, CHERYL E. CHAMBERS, and SYLVIA O. HINDS–RADIX, JJ.

In a proceeding, in effect, pursuant to CPLR article 52 to enforce a money judgment by, inter alia, imposing a constructive trust on certain real property, the petitioner appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated December 4, 2014, which denied the petition.

ORDERED that the order is affirmed; and it is further,

ORDERED that the petitioner is directed to pay a sanction in the sum of $5,000; within 20 days after service of a copy of this decision and order upon the petitioner, he shall deposit the sum of $5,000 with the Clerk of this Court for transmittal to the Commissioner of Taxation and Finance (see 22 NYCRR 130–1.3 ); and it is further,

ORDERED that one bill of costs is awarded to the respondents.

Since 2002, the petitioner has commenced various proceedings and actions to enforce a June 10, 1999, money judgment in his favor against the late Joseph Hershowitz as judgment debtor. Orders dismissing five prior actions and proceedings, all of which relate to the underlying money judgment, have been affirmed by this Court on appeal (see Ram v. Torto, 111 A.D.3d 814, 975 N.Y.S.2d 442 ; Matter of Ram v. Hershowitz, 88 A.D.3d 891, 931 N.Y.S.2d 103 ; Matter of Ram v. 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 judgment and has also sought various forms of relief against other individuals for related matters (see Ram v. Torto, 111 A.D.3d at 815, 975 N.Y.S.2d 442 ).

The issue presented on the instant appeal, namely, whether the petitioner is entitled to a constructive trust on property owned by the respondent Miriam Hershowitz, was decided against the petitioner on the merits by the Supreme Court in an order and judgment dated March 9, 2009, which was affirmed by this Court (see Matter of Ram v. Hershowitz, 88 A.D.3d at 891, 931 N.Y.S.2d 103 ). The instant proceeding, seeking the same relief, is therefore barred by the doctrine of res judicata (id. ).

This Court has repeatedly warned the petitioner that he may not continue to relitigate matters by initiating new proceedings and actions seeking the same relief based upon the same factual allegations (see Ram v. Torto, 111 A.D.3d at 816, 975 N.Y.S.2d 442 ; Matter of Ram v. Hershowitz, 88 A.D.3d at 893, 931 N.Y.S.2d 103 ; Matter of Ram v. Hershowitz, 76 A.D.3d at 1023, 908 N.Y.S.2d 106 ). The petitioner has also been previously enjoined from commencing any action or proceeding relating to or arising from the...