Opinion
570489/08.
Decided January 11, 2010.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered June 18, 2007, which granted defendants' motions for summary judgment dismissing the complaint.
Order (Geoffrey D. Wright, J.), entered June 18, 2007, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
This action is barred by collateral estoppel, since plaintiff had a full opportunity to litigate the issues raised herein in the prior Supreme Court and Civil Court actions decided against him ( see Schwartz v Public Adm'r of County of Bronx, 24 NY2d 65; Lau v Capital One Bank, 63 AD3d 641). Plaintiff's remedy, if any, for any alleged misconduct or perjury that may have occurred in prior litigation "lies exclusively in that lawsuit itself . . . not a second plenary action collaterally attacking the judgment in the original action" ( Yalkowsky v Century Apartments Assoc., 215 AD2d 214, 215; see Curtis v Scherer, 261 AD2d 158).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.