From Casetext: Smarter Legal Research

Babigian v. Wachtler

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1992
181 A.D.2d 640 (N.Y. App. Div. 1992)

Opinion

March 31, 1992

Appeal from the Supreme Court, New York County (C. Beauchamp Ciparick, J.).


The same cause of action, being raised herein, was directly addressed in Babigian v Wachtler ( 69 N.Y.2d 1012) and, thus, the action is barred by the doctrine of res judicata (Matter of Reilly v Reid, 45 N.Y.2d 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 the constitutionality of CCA 110 (e). Moreover, the power to impose sanctions is part of a Housing Judge's dispute resolution authority. As for plaintiff's claim that the Court of Appeals erred in Babigian (supra), this Court has no power to review any such claim. It is for the Court of Appeals to pass on the continued validity of its earlier decisions (see, Carnesi v State of New York, 140 A.D.2d 912, 913).

Concur — Sullivan, J.P., Rosenberger, Kassal and Smith, JJ.


Summaries of

Babigian v. Wachtler

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1992
181 A.D.2d 640 (N.Y. App. Div. 1992)
Case details for

Babigian v. Wachtler

Case Details

Full title:JOHN H. BABIGIAN, Appellant, v. SOL WACHTLER, as Chief Judge of the Court…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 31, 1992

Citations

181 A.D.2d 640 (N.Y. App. Div. 1992)

Citing Cases

Ivory v. Int'l Bus. Machs. Corp.

Supreme Court did not err in dismissing plaintiff James Odom's private nuisance claim. The Court of Appeals…