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Bikman v. 595 Broadway Assoc.

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 2011
2011 N.Y. Slip Op. 6937 (N.Y. App. Div. 2011)

Opinion

5615, 5616, 5616A, 5616B.

Decided on October 4, 2011.

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.

Charla Bikman, appellant pro se.

Belkin Burden Wenig Goldman, LLP, New York (Steven Kirkpatrick of counsel), for respondent.

Andrias, J.P., Friedman, Renwick, Richter, Manzanet-Daniels, JJ.


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 NY2d 353, 357). 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 AD2d 319).

We have reviewed plaintiff's remaining contentions and find them without merit.


Summaries of

Bikman v. 595 Broadway Assoc.

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 2011
2011 N.Y. Slip Op. 6937 (N.Y. App. Div. 2011)
Case details for

Bikman v. 595 Broadway Assoc.

Case Details

Full title:CHARLA BIKMAN, Plaintiff-Appellant, v. 595 BROADWAY ASSOCIATES…

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

Date published: Oct 4, 2011

Citations

2011 N.Y. Slip Op. 6937 (N.Y. App. Div. 2011)
930 N.Y.S.2d 435