Legal Opinion

Babigian v. Wachtler

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

Decided March 31, 1992PublishedCited by 3 opinions

1Opinion of the Court

— Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered March 19, 1991, which, insofar as appealed from, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The same cause of action, being raised herein, was directly addressed in Babigian v Wachtler (69 NY2d 1012) and, thus, the action is barred by the doctrine of res judicata (Matter of Reilly v Reid, 45 NY2d 24). Although plaintiff notes that recent court rules now permit Housing Judges to impose sanctions (see, 22 NYCRR 130-1.4), such rules clearly do not affect…

2Cases cited3 opinions

  1. Reilly v. ReidNew York Court of Appeals · 1978
  2. Babigian v. WachtlerNew York Court of Appeals · 1987
  3. Carnesi v. StateAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by3 opinions

  1. Ivory v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Manhattan King David Restaurant Inc. v. LevineDistrict Court, S.D. New York · 1993
  3. Ivory v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 2014

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