Ndiaye v. 2123 FDB MPPH LP
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
Thierno Ndiaye, Plaintiff-Appellant,
against
2123 FDB MPPH LP, Defendant-Respondent,
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Louis L. Nock, J.), entered on or about March 13, 2018, after trial, in favor of defendant dismissing the action.
2Per curiam
Judgment (Louis L. Nock, J.), dated March 13, 2018, reversed, without costs, and new trial ordered.
The dismissal of the underlying Small Claims action on res judicata grounds did not render substantial justice according to the rules and principles of substantive law (see CCA 1807).…
3Cases cited2 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- 610 West 142nd Street Owners Corp. v. BraxtonAppellate Terms of the Supreme Court of New York · 1988