Rosen v. Parking Garage, Inc.
| Decision Date | 11 July 1963 |
| Citation | 40 Misc.2d 178,242 N.Y.S.2d 677 |
| Parties | Leon ROSEN, Plaintiff, v. PARKING GARAGE, INC., Defendant. |
| Court | New York City Court |
Michaels & Michaels, New York City, for defendant.
Leon Rosen, New York City, pro se.
Motion pursuant to Rule 107, subdivision 4 of the Rules of Civil Practice is granted. Heretofore, in an action commenced in the Small Claims Part of this Court the defendant was awarded judgment after trial before a judge of this court. Immediately thereafter plaintiff commenced this action in the regular division of this court. It is contended by plaintiff that the rendition of judgment in the Small Claims division does not constitute res judicata so as to bar the present action and in support thereof he cites section 157 of the New York City Civil Court Act as specifically permitting the institution of a new action. Section 157 provides as follows: This indeed is the identical language formerly found in section 186 of the Municipal Court Code which has been construed to bar a subsequent action (see Supreme Burglar Alarm Corp'n v. Mason, 204 Misc. 185, 122 N.Y.S.2d 398). Mr. Justice Hofstadter said in Levins v. Bucholtz, (App.Term, 1st Dept., 208 Misc. 597, 600, 145 N.Y.S.2d 79, 83, affirmed 2 A.D.2d 351, at page 600, 155 N.Y.S.2d 770):
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Simmons v. Trans Express Inc.
...its relitigation" in Civil Court, the claim was barred by res judicata in accordance with section 1808 ]; Rosen v. Parking Garage , 40 Misc.2d 178, 179, 242 N.Y.S.2d 677 [Civ. Ct., Bronx County 1963] [holding that a small claims judgment in favor of the defendant is a res judicata bar to th......
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Manhattan King David Restaurant Inc. v. Levine
...small claims division constitute res judicata so as to bar subsequent actions involving the same matter. Rosen v. Parking Garage, Inc., 40 Misc.2d 178, 242 N.Y.S.2d 677 (Civ.Ct.1963), see also, Chang v. Chiariello, 114 Misc.2d 186, 450 N.Y.S.2d 993 (Civ.Ct.1982). None of the prior proceedin......
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Royster v. Consolidated Edison
...from suing the defendant for the same thing again even in the regular day session of the Court. Id.; Rosen v. Parking Garage, 40 Misc.2d 178, 242 N.Y.S. 677 (N.Y.Civ.Ct., 1963). It would seem therefore that although the statute says there is no "res judicata" in that instance, the Court in ......
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Chang v. Chiariello
...N.Y.S.2d 447 (Appellate Div.--First Dept. 1964) with the more liberal approaches inLevins v. Bucholtz, supra; Rosen v. Parking Garage, Inc., 40 Misc.2d 178, 242 N.Y.S.2d 677 (Civil Court--Bronx Co. In seeking claim finality, attention is directed to the little used Section 1810 of the NYCCC......