Brasstacks Alliance LLC v Lewis
2022 NY Slip Op 01734 [203 AD3d 509]
March 15, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


[*1]
 Brasstacks Alliance LLC, Respondent,
v
Phoebe Lewis et al., Appellants.

Sutton Sachs Meyer PLLC, New York (Zachary G. Meyer of counsel), for appellants.

Michael B. Kramer & Associates, New York (Artemis Croussouloudis of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Ruth Feinman, J.), entered December 21, 2020, awarding plaintiff $68,681 plus interest, for a total of $151,674.64, unanimously affirmed, without costs.

Plaintiff proved the breach claims against defendant Lewis in her individual capacity (see McDonald v McBain, 99 AD3d 436 [1st Dept 2012], lv denied 21 NY3d 854 [2013]). Contrary to Lewis's argument, the court properly declined to find that, under the circumstances here, plaintiff, which had obtained a default judgment against Pont Neuf, Inc. in a prior action, was precluded from asserting the same breach claims against Lewis in the instant action based on the doctrines of res judicata, collateral estoppel, or law of the case. Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.