| Chalasani v Merchant |
| 2013 NY Slip Op 51102(U) [40 Misc 3d 128(A)] |
| Decided on June 28, 2013 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal, on the ground of inadequacy, from a judgment of the District Court of
Nassau County, Fourth District (Eugene H. Shifrin, Ct. Atty. Ref.), entered June 22,
2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,000.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover the principal sum of $4,614.08, representing his share of the distribution of certain funds pursuant to an agreement between the parties, as well as various expenses alleged to be owed to him resulting from previous litigation in the Supreme Court. After a nonjury trial, the District Court awarded plaintiff the principal sum of $1,000, without making any findings of fact or conclusions of law.
Upon a review of the record, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (see UDCA 1804, 1807; Williams v Roper, 269 AD2d, 125, 126 [2000]). To the extent that plaintiff seeks a modification of the distribution of funds which had been distributed pursuant to a Supreme Court order dated September 3, 2010, plaintiff's claim is barred by the doctrine of res judicata. Moreover, plaintiff failed to establish that the funds collected by defendant were not the same funds that had been distributed in the Supreme Court action or that such funds were subject to some other distribution [*2]agreement. Under the circumstances, we find no basis to disturb the judgment.
Accordingly, the judgment is affirmed.
Nicolai, P.J., Iannacci and Tolbert, JJ., concur.
Decision Date: June 28, 2013