Opinion
2011-10-4
Charla BIKMAN, Plaintiff–Appellant,v.595 BROADWAY ASSOCIATES, Defendant–Respondent.
Charla Bikman, appellant pro se.Belkin Burden Wenig & Goldman, LLP, New York (Steven Kirkpatrick of counsel), for respondent.
Order, Supreme Court, New York County (Louis B. York, J.), entered January 20, 2011, which denied plaintiff's motion to vacate orders, same court and Justice, entered on default on May 20, 2010 and May 24, 2010, granting defendant's motion for summary judgment dismissing the complaint and requiring plaintiff to seek the court's approval before bringing any further actions against defendant relating to these issues and claims, and denying plaintiff's motion to transfer the case to another Justice, and judgment, same court and Justice, entered June 2, 2010, dismissing the complaint, unanimously affirmed, with costs. Appeals from the aforesaid judgment and the May 20, 2010 and May 24, 2010 orders, unanimously dismissed, without costs, as taken from nonappealable papers.
Plaintiff cannot show a meritorious cause of action, as required to vacate her default, because her claims have been fully litigated in prior proceedings and the doctrine
of res judicata bars her from relitigating them ( see O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158 [1981] ). Furthermore, given plaintiff's history of frivolous litigation, the court properly enjoined her from bringing any further actions against defendant relating to these claims without court approval ( see e.g. Matter of Sud v. Sud, 227 A.D.2d 319, 642 N.Y.S.2d 893 [1996] ).
We have reviewed plaintiff's remaining contentions and find them without merit.
ANDRIAS, J.P., FRIEDMAN, RENWICK, RICHTER, MANZANET–DANIELS, JJ., concur.