Legal Opinion

Lau v. Capital One Bank

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 2009Published

1Opinion of the Court

Orders, Supreme Court, New York County (Marilyn Shafer, J.), entered October 30, 2008, which denied plaintiffs motion to transfer a related Civil Court action to Supreme Court and granted the motion of defendants Forster & Garbus, Ronald Forster, Mark Garbus and Brandi E Klineberg to dismiss the amended complaint, unanimously affirmed, without costs.

Plaintiffs claims against the defendants named in both the Civil Court and Supreme Court actions are barred by the doctrine of res judicata (see Gramatan Home Invs. Corp. v Lopez, 46 NY2d 481, 485 [1979]), notwithstanding that some of the claims…

2Cases cited4 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  3. Corto v. LefrakAppellate Division of the Supreme Court of the State of New York · 1994
  4. Prospect Owners Corp. v. Tudor Realty Services Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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