Appeal by plaintiff from a small claims judgment of the Peekskill City Court, Westchester County (W. Maher, J.), entered May 24, 2004, in favor of defendants dismissing the action.

Judgment unanimously affirmed with $10 costs.

In a prior landlord-tenant proceeding, after the trial court found that plaintiff breached her lease by failing to provide landlord (Hampton Oaks Apt.) with access to her apartment, the court awarded attorney's fees to landlord pursuant to the terms of the lease. Plaintiff commenced the instant small claims action against landlord to recover the attorney's fees. Inasmuch as the instant action is barred by the doctrines of res judicata (see Aard-Vark Agency, Ltd. v Prager, 8 AD3d 508 [2004]) and collateral estoppel (see Rizzo v Matturro, 8 AD3d 646 [2004]), the judgment dismissing the instant small claims action should be affirmed because it rendered substantial justice between the parties according to the rules and principles of substantive law (see UCCA 1807).
Decision Date: July 06, 2005