Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Southampton, Suffolk County (B. Wilson, J.), entered May 3, 2004, in favor of defendant dismissing the action.

Judgment unanimously reversed without costs and matter remanded to the court below for all further proceedings.

The court dismissed this small claims action prior to trial. In so doing, the court indicated that plaintiff had brought a prior action against an individual and the corporate defendant herein on the same claim. Plaintiff maintained that he had previously sued the wrong parties and that he is now suing a corporation, not an individual as in the prior action. Inasmuch as this court cannot ascertain from the record whether plaintiff had previously sued the corporate defendant herein, Southampton Optiks, Ltd., in a prior action and, if so, whether the determination therein has res judicata effect as to the instant action (see UJCA 1808), the judgment must be reversed and the matter remanded for all further proceedings at which defendant shall be afforded an opportunity to seek dismissal of the action pursuant to CPLR 3211 (a) (5).
Decision Date: May 23, 2005