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BHT Corp. v 520 Camera Corp.
2004 NY Slip Op 50291(U)
Decided on April 6, 2004
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 6, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
570781/03

BHT CORP., Plaintiff-Respondent,

against

520 CAMERA CORP., Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about June 11, 2003 (Analisa Torres, J.) in favor of plaintiff, and awarding it damages in the principal sum of $3,000.


PER CURIAM:

Judgment entered on or about June 11, 2003 (Analisa Torres, J.) affirmed without costs.

The trial court applied the appropriate rules of substantive law and accomplished substantial justice (see, CCA 1804, 1807) in awarding judgment to plaintiff upon the trial of this small claims action. The doctrine of res judicata bars defendant from relitigating the question of its indebtedness under the checks sued for, inasmuch as the issue was raised and concluded against defendant in a prior action (see, O'Brien v City of Syracuse, 54 NY2d 353, 357 [1981]; Belford v Schorsch, 256 AD2d 259 [1998]).

This constitutes the decision and order of the court.