Appeal from a judgment of the City Court of Newburgh, Orange County (Peter M. Kulkin, J.), entered August 2, 2007. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

Upon a review of the record in this small claims action to recover for a defective water meter, we find that the City Court's judgment dismissing the action following a nonjury trial provided the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). The City Court properly held that the doctrine of res judicata barred plaintiff from raising in this small claims action the same claim as plaintiff had previously brought in a prior small claims action with regard to the defective water meter (see Omara v Polise, 163 Misc 2d 989, 990 [App Term, 2d & 11th Jud Dists 1995]; Siegel, NY Prac § 585 at 1015-1016 [4th ed]). Accordingly, the judgment is affirmed. It is noted that a judgment in favor of plaintiff already exists and plaintiff may execute upon that judgment.

Molia, J.P., LaCava and Iannacci, JJ., concur.
Decision Date: April 02, 2010