| Cacho v 11th Ave. Auto Repair |
| 2006 NY Slip Op 51477(U) [12 Misc 3d 145(A)] |
| Decided on July 28, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from that portion of an order of the Small Claims Part of the Civil Court, New York County (Matthew F. Cooper, J.), dated January 3, 2006, which denied defendant's motion to dismiss the action.
PER CURIAM:
Order (Matthew F. Cooper, J.), dated January 3, 2006, insofar appealed from, reversed, without costs, and judgment directed in favor of defendant dismissing the action.
The doctrine of res judicata requires dismissal of this small claims action seeking damages for "property improperly withheld." Plaintiff had the opportunity to pursue this claim in a prior action between these parties, involving the same vehicle, which was decided in defendant's favor. "[R]es judicata embraces not only those matters which are actually litigated before a court but also those relevant issues which could have been litigated" (Buechel v Bain, 275 AD2d 65, 72 [2000], aff'd 97 NY2d 295 [2001]).
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: July 28, 2006