Shiuh Chu Lu v Conlon
2004 NY Slip Op 01468 [5 AD3d 142]
March 4, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


Shiuh Chu Lu, Appellant,
v
Dan Conlon, Respondent.

Appeal from order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about March 10, 2003, which, inter alia, granted defendant's motion for summary judgment, deemed to be an appeal from the ensuing judgment, same court and Justice, entered March 31, 2003, dismissing the complaint, and, so considered, the judgment is unanimously affirmed, with costs.

The complaint was properly dismissed as barred by the doctrines of res judicata and collateral estoppel since plaintiff's present claims were fully and fairly litigated and determined against him in prior actions in Kings and Queens Counties (see Buechel v Bain, 97 NY2d 295 [2001], cert denied 535 US 1096 [2002]). The complaint, having been interposed more than three years subsequent to the running of the applicable three-year statutory period (CPLR 214), was also properly dismissed as time-barred. Concur—Nardelli, J.P., Andrias, Sullivan and Lerner, JJ.