Opinion
No. 2013–2407KC.
03-26-2015
James BROWN, Appellant, v. James BROWN, Jr., Respondent.
Opinion
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this breach of contract action against his son, alleging that his son had failed to reimburse him for the costs of financing the purchase of a car. After a nonjury trial, the Civil Court dismissed the complaint, finding that the action was barred by the doctrine of res judicata based on a prior determination of the Civil Court.
Plaintiff admitted at trial that he had brought the same breach of contract cause of action in a prior case which had been determined by the Civil Court. Consequently, we find that the Civil Court properly dismissed the instant complaint as it was barred by the doctrine of res judicata (see generally Smith v. Russell Sage Coll., 54 N.Y.2d 185, 192–193 [1981] ; O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357–358 [1981] ).
Accordingly, the judgment is affirmed.
WESTON, J.P., SOLOMON and ELLIOT, JJ., concur.