[*1]
Moulana v Springer
2010 NY Slip Op 50021(U) [26 Misc 3d 129(A)]
Decided on January 11, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 11, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570489/08.

Easa Moulana, Previous Owner of AEP Engineering, P.C., Plaintiff-Appellant,

against

Victor Springer, Frederic P. Wiener, Esq. and Jonathan Y. Sue, Esq., Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered June 18, 2007, which granted defendants' motions for summary judgment dismissing the complaint.


Per Curiam.

Order (Geoffrey D. Wright, J.), entered June 18, 2007, affirmed, with $10 costs.

This action is barred by collateral estoppel, since plaintiff had a full opportunity to litigate the issues raised herein in the prior Supreme Court and Civil Court actions decided against him (see Schwartz v Public Adm'r of County of Bronx, 24 NY2d 65 [1969]; Lau v Capital One Bank, 63 AD3d 641 [2009]). Plaintiff's remedy, if any, for any alleged misconduct or perjury that may have occurred in prior litigation "lies exclusively in that lawsuit itself...not a second plenary action collaterally attacking the judgment in the original action" (Yalkowsky v Century Apartments Assoc., 215 AD2d 214, 215 [1995]; see Curtis v Scherer, 261 AD2d 158 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 11, 2010