Legal Opinion
Omara v. Polise
Appellate Terms of the Supreme Court of New York
Decided January 23, 1995PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order unanimously affirmed, without costs.
*990Plaintiff brought this action to recover for various damage sustained to his apartment and its contents as a result of a water leak. Prior hereto, the plaintiff brought similar actions against defendant in the Small Claims Part of the court but was unsuccessful.
In our opinion, the action should be dismissed because it is barred by the doctrine of res judicata. CCA 1808 provides that a small claims judgment "may be pleaded as res judicata only as to the amount involved in the particular action and shall not otherwise be…
2Cases cited4 opinions
- Levins v. BucholtzAppellate Division of the Supreme Court of the State of New York · 1956
- Levins v. BucholtzAppellate Terms of the Supreme Court of New York · 1955
- Rosen v. Parking Garage, Inc.Civil Court of the City of New York · 1963
- Chang v. ChiarielloCivil Court of the City of New York · 1982
3Cited by13 opinions
- Vincent v. Clean Water Action ProjectColorado Court of Appeals · 1997
- In re the Arbitration between Carp & Van TasselAppellate Division of the Supreme Court of the State of New York · 1996
- Gore v. MackieAppellate Division of the Supreme Court of the State of New York · 2000
- Molska v. GarfieldAppellate Division of the Supreme Court of the State of New York · 2003
- Chin v. Interboro Petroleum Transporter, Inc.Appellate Terms of the Supreme Court of New York · 2010
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