Hodge v. 26 Court Assocs., LLC

Full title: Patricia Hodge, Appellant, v. 26 Court Associates, LLC, Respondent,

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Dec 14, 2015

2015 N.Y. Slip Op. 51884 (N.Y. App. Term 2015)

28 N.Y.S.3d 648

Opinion

2014-1951 K C

12-14-2015

Patricia Hodge, Appellant, v. 26 Court Associates, LLC, Respondent,

SOLOMON, J.P., WESTON and ELLIOT, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered June 23, 2014. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's motion to punish defendant for contempt.

ORDERED that the order is affirmed, without costs.

In this action to recover for "breach of lease," plaintiff, a commercial tenant in a building owned by defendant, appeals from an order which granted defendant's motion for summary judgment dismissing the complaint based on res judicata, and denied plaintiff's motion to punish defendant for contempt.

Plaintiff has not demonstrated any valid basis to disturb the order in question, which properly applied the principle of res judicata based on plaintiff's unsuccessful assertion, in a prior nonpayment summary proceeding, of a counterclaim for the same relief as sought herein. We note that we do not consider any materials which are dehors the record, nor do we consider any arguments raised or factual assertions made for the first time on appeal (see Chimarios v Duhl, 152 AD2d 508 [1989]).

Accordingly, the order is affirmed.

Solomon, J.P., Weston and Elliot, JJ., concur.

Decision Date: December 14, 2015