Harris v Feirman (2009 NY Slip Op 50544(U))

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Harris v Feirman

2009 NY Slip Op 50544(U) [23 Misc 3d 127(A)]

Decided on March 31, 2009

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 31, 2009

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570051/09.

Alan Harris, Plaintiff-Appellant,

against

Jack Feirman, Esq., Stuart Rappapport, Barbara Ross, 250 West 57th Street Associates, LLC., Wien & Malkin, LLP. Defendants-Respondents.

Plaintiff appeals from (1) an order of the Civil

Court of the City of New York, New York County (Anil Singh, J.), entered May 21, 2008, which granted defendants' motion for summary judgment dismissing the complaint, and (2) an order (same court and Judge), entered July 9, 2008, which denied plaintiff's motion to reargue the aforesaid order of
May 21, 2008.
Per Curiam.

Order (Anil Singh, J.) entered May 21, 2008, affirmed, without costs, for the reasons stated by Anil Singh, J. at Civil Court. Order denying reargument, entered July 9, 2008, dismissed, without costs, as nonappealable.

The action is barred by collateral estoppel, since plaintiff had a full opportunity to litigate the issues sought to be precluded here in the prior New Jersey action decided against him (see Schwartz v Public Adm'r of County of Bronx, 24 NY2d 65 [1969]; Syllman v Nissan, 18 AD3d 221 [2005]). Further, the full faith and credit doctrine requires us to accord the New Jersey judgment the same effect as it would be accorded there (see Schultz v Boy Scouts, 65 NY2d 189, 204 [1985]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 31, 2009