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Matter of American Honda Motor Co. v. Dennis

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 613 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Westchester County (Rudolph, J.).


Ordered that the judgment is affirmed, with costs.

Prior to the appellant filing the request for arbitration which is the subject of this proceeding, the parties participated in an arbitration based essentially on the same purported defect in the appellant's vehicle, i.e., the braking system, in which the appellant sought the same relief against the respondent. In the absence of any new facts or evidence that the appellant was denied a full and fair opportunity to litigate his claim in the prior arbitration proceeding, the Supreme Court properly concluded that the doctrine of res judicata barred the new arbitration proceeding ( see, Matter of Lari v. Slanetz, 240 A.D.2d 581; Casey v. Country-Wide Ins. Co., 240 A.D.2d 232; Dimacopoulos v. Consort Dev. Corp., 158 A.D.2d 658).

Santucci, J. P., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

Matter of American Honda Motor Co. v. Dennis

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 613 (N.Y. App. Div. 1999)
Case details for

Matter of American Honda Motor Co. v. Dennis

Case Details

Full title:In the Matter of AMERICAN HONDA MOTOR CO., INC., Respondent, v. GERALD D…

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

Date published: Mar 15, 1999

Citations

259 A.D.2d 613 (N.Y. App. Div. 1999)
686 N.Y.S.2d 777

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