| Waheed v City of New York |
| 2004 NY Slip Op 50124(U) |
| Decided on January 29, 2004 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the Official Reports. |
Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Kings County (L. Jacobson, J.), dated November 14, 2002, which denied plaintiffs motion seeking, in effect, to vacate the judgment dated August 8, 2002 which, following an inquest, dismissed the action.
Order unanimously affirmed without costs.
In this small claims action seeking to recover based on an alleged false arrest, the court properly rendered the underlying judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Upon review of the record, we find that the underlying judgment properly held that the doctrine of res judicata barred plaintiff from raising in a subsequent litigation any claim which was raised in a prior litigation with regard to the arrest of defendant on October 20, 1999 (see generally Smith v Russell Sage Coll., 54 NY2d 185, 192-1 93 [1981]; O'Brien v City of Syracuse, 54 NY2d 353, 357-358 [1981]; Matter of Reilly v Reid, 45 NY2d 24, 30 [1978]; Murphy v Town of Southampton, 168 AD2d 545 [1990]).
Decision Date: January 29, 2004