[*1]
Anderson v J.G. Wentworth S.S.C. L.P.
2012 NY Slip Op 51548(U) [36 Misc 3d 144(A)]
Decided on August 16, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 16, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Hunter, Jr., J.
570794/11

Jacklyn Anderson, Plaintiff-Appellant, - -

against

J.G. Wentworth S.S.C. Limited Partnership, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered July 19, 2011, which granted defendant's CPLR 3211 motion to dismiss the complaint.


Per Curiam.

Order (Peter H. Moulton, J.), entered July 19, 2011, affirmed, without costs.

This October 2004 action stems from a claimed August 1997 breach of the parties' contractual agreement, an agreement which spawned a prior Pennsylvania court action that resulted in the entry of a default judgment adverse to plaintiff (defendant therein). We agree, essentially for reasons stated by Civil Court, that the within action is both untimely (see CPLR 213[2]) and barred by the doctrine of res judicata (see O'Brien v City of Syracuse, 54 NY2d
353, 357 [1981]; Trisingh Enters. v Kessler, 249 AD2d 45, 46 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 16, 2012