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Katzab v. Chaudhry

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2008
48 A.D.3d 428 (N.Y. App. Div. 2008)

Opinion

No. 2006-10174.

February 5, 2008.

In an action, inter alia, to recover damages for medical mal-practice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated September 21, 2006, which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground of res judicata.

Wolf Shapiro, LLC, New York, N.Y. (Martin Wolf and Alexander Shapiro of counsel), for appellants.

Callan, Koster, Brady Brennan, LLP, New York, N.Y. (Michael P. Kandler and Eric L. Shoikhetman of counsel), for respondent.

Before: Spolzino, J.P., Santucci, Lifson and Covello, JJ.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the complaint is denied.

The Supreme Court erred in granting his motion to dismiss the complaint on the ground of res judicata. New York City Civil Court Act § 1808 provides that "[a] judgment obtained under this article shall not be deemed an adjudication of any fact at issue or found therein in any other action or court; except that a subsequent judgment obtained in another action or court involving the same facts, issues and parties shall be reduced by the amount of a judgment awarded under this article." Accordingly, it was error to accord the action between the plaintiff Sofia Katzab and the defendant in Small Claims Court res judicata effect and to dismiss the complaint on that basis ( see Schutte v Kaufman, 40 AD3d 739; Molska v Garfield, 2 AD3d 510, 510-511; Cohen v Bloom, 234 AD2d 499; Purnavel v Tel-A-Car of N.Y., 204 AD2d 297).


Summaries of

Katzab v. Chaudhry

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2008
48 A.D.3d 428 (N.Y. App. Div. 2008)
Case details for

Katzab v. Chaudhry

Case Details

Full title:SOFIA KATZAB et al., Appellants, v. NADEEM CHAUDHRY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 2008

Citations

48 A.D.3d 428 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1117
849 N.Y.S.2d 804

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