Opinion
6639N & M–2126 Index 113274/04
05-22-2018
JERICHO GROUP, LTD., Plaintiff–Respondent, v. MIDTOWN DEVELOPMENT, L.P., Defendant–Appellant.
Phillips Nizer LLP, New York (Mark M. Elliott of counsel), for appellant. Schlam Stone & Dolan LLP, New York (Jeffrey M. Eilender of counsel), for respondent.
Phillips Nizer LLP, New York (Mark M. Elliott of counsel), for appellant.
Schlam Stone & Dolan LLP, New York (Jeffrey M. Eilender of counsel), for respondent.
Sweeny, J.P., Webber, Gesmer, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered December 8, 2017, which granted plaintiff's application for leave to file a motion to vacate the action, unanimously reversed, on the law and the facts, with costs, and the application denied.
This action, which began as a dispute over a real estate transaction over 15 years ago, has proceeded through Supreme Court, this Court, and others, spanned six lawsuits and five appeals, and resulted in state and federal orders precluding plaintiff, Jericho Group, Ltd., from commencing further proceedings against defendant, Midtown Development, L.P., without leave of court. The instant appeal concerns Supreme Court's most recent order, which granted plaintiff leave to move to vacate this action, the initial 2004 action, on the ground that new evidence, namely proof that its prior attorney had sabotaged the lawsuit, rendered that action a nullity.
Plaintiff's application should have been denied since the issues raised and claims made by plaintiff in support of vacatur are barred by the doctrines of res judicata and collateral estoppel (see generally Matter of Reilly v. Reid, 45 N.Y.2d 24, 407 N.Y.S.2d 645, 379 N.E.2d 172 [1978] ).