Opinion
2014-06-26
Peter DAVEY, Plaintiff–Appellant, v. GOODRICH & BENDISH, et al., Defendants–Respondents.
Peter F. Davey, appellant pro se. John A. Raimondo, P.C., Elmsford (John A. Raimondo of counsel), for Goodrich & Bendish and Bruce Bendish, respondents.
Peter F. Davey, appellant pro se. John A. Raimondo, P.C., Elmsford (John A. Raimondo of counsel), for Goodrich & Bendish and Bruce Bendish, respondents.
Kelly & Knaplund, White Plains (Mary F. Kelly of counsel), for Kelly & Knaplund and Mary F. Kelly, respondents.
MAZZARELLI, J.P., ACOSTA, FREEDMAN, RICHTER, CLARK, JJ.
Order, Supreme Court, New York County (Debra A. James, J.), entered April 4, 2013, which granted defendants' motion to dismiss the complaint on the ground that plaintiff failed to comply with two standing orders of Supreme Court, New York County, requiring him to obtain judicial permission prior to commencing any litigation relating to matters herein, and on the ground of res judicata, and scheduled a hearing to determine why plaintiff should not be held in civil and/or criminal contempt for violating said standing orders, and the amount of costs, attorneys' fees, and sanctions to be assessed against plaintiff, unanimously affirmed, without costs.
The instant action was properly dismissed based on plaintiff's admitted violation of the two prior court orders requiring him to obtain judicial permission before commencing any litigation relating to his divorce action ( see Davey v. Kelly, 57 A.D.3d 230, 230, 869 N.Y.S.2d 37 [1st Dept.2008]; see also Matter of Davey, 111 A.D.3d 207, 213, 973 N.Y.S.2d 67 [1st Dept.2013] ). Given his numerous unsuccessful attempts to relitigate the matters raised in this action, the doctrines of res judicata and collateral estoppel also bar plaintiff's claims ( see Matter of Hunter, 4 N.Y.3d 260, 269, 794 N.Y.S.2d 286, 827 N.E.2d 269 [2005];Kaufman v. Eli Lilly & Co., 65 N.Y.2d 449, 455, 492 N.Y.S.2d 584, 482 N.E.2d 63 [1985] ).