| Parisien v Zipcar |
| 2023 NY Slip Op 50897(U) [80 Misc 3d 128(A)] |
| Decided on August 4, 2023 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
The Rybak Firm, PLLC (Damin Toell and Richard Rozhik of counsel), for appellant. Rubin, Fiorella, Friedman & Mercante, LLP (Michael Philippou of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Matthew P. Blum, J.), dated November 16, 2021. The order, insofar as appealed from and as limited by the brief, granted the branch of defendant's motion seeking a permanent stay of the action on the ground that the action is barred, under the doctrines of collateral estoppel and res judicata, by a February 21, 2017 Supreme Court order in a declaratory judgment action.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant's motion seeking a permanent stay of the action is denied.
For the reasons stated in Parisien, as Assignee of Morain, Shania v Avis Car Rental, LLC (— Misc 3d —, 2023 NY Slip Op — [appeal No. 2022-1016 K C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant's motion seeking a permanent stay of the action is denied.
TOUSSAINT, P.J., MUNDY and VENTURA, JJ., concur.
ENTER: