Opinion
2003-02005.
Decided May 10, 2004.
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 21, 2003, which granted the defendants' motion for summary judgment dismissing the complaint.
Clarence Harley, New York, N.Y., appellant pro se.
McManus, Collura Richter, P.C., New York, N.Y. (Anne Marie Forte and Peter McGowan of counsel), for respondents.
Before: HOWARD MILLER, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff failed to raise a triable issue of fact in response to the defendants' prima facie showing of entitlement to judgment as a matter of law that the complaint is barred by the doctrine of res judicata ( see Matter of Hodes v. Axelrod, 70 N.Y.2d 364; Gramatan Home Investors Corp. v. Lopez, 46 N.Y.2d 481, 485). Res judicata precludes a plaintiff from re-litigating claims which could have or should have been litigated in prior proceedings ( see CRK Contr. of Suffolk v. Brown Associates, 260 A.D.2d 530; Coliseum Towers Assocs. v. County of Nassau, 217 A.D.2d 387).
In light of this determination, the parties' remaining contentions need not be reached.
H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.