Membreno v Hack Realty, LLC
2012 NY Slip Op 00939 [92 AD3d 649]
February 7, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Daniel Membreno, Plaintiff,
v
Hack Realty, LLC, Defendant/Third-Party Plaintiff-Respondent. Bella Bianchi's Ltd., Third-Party Defendant-Appellant.

—[*1] Gallo, Vitucci & Klar, LLP, New York, N.Y. (Chad E. Sjoquist of counsel), for third-party defendant-appellant.

Purcell & Ingrao, Mineola, N.Y. (Terrance J. Ingrao and Corey Pugliese of counsel), for defendant third-party plaintiff-respondent.

In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), entered July 28, 2011, which denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the third-party complaint based on the doctrine of res judicata.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied the third-party defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the third-party complaint based on the doctrine of res judicata (see generally Matter of People v Applied Card Sys., Inc., 11 NY3d 105, 122 [2008], cert denied sub nom. Cross Country Bank, Inc. v New York, 555 US 1136 [2009]; Landau, P.C. v LaRossa, Mitchell & Ross, 11 NY3d 8, 13 [2008]; Buechel v Bain, 97 NY2d 295, 304-305 [2001], cert denied 535 US 1096 [2002]; Johansen v Gillen Living Trust, 63 AD3d 1006 [2009]). Dillon, J.P., Leventhal, Belen and Lott, JJ., concur.