Sarver v. Pace University

OPINION OF THE COURT

*71Order entered March 12, 2004 reversed, without costs, and the action is reinstated.

Plaintiff commenced this small claims action against his former employer, defendant Pace University, seeking damages for “[fjraud [in the] inducement, indemnification.” The court properly rejected the res judicata and collateral estoppel theories advanced by defendant in its pretrial motion to dismiss the action since, as the court noted, defendant failed to conclusively establish that the action “arise [s] from the same transaction and occurrence put forth in [plaintiffs] prior small claims…