Opinion
No. 2014–1951 K C.
12-14-2015
Patricia HODGE, Appellant, v. 26 COURT ASSOCIATES, LLC, Respondent.
Opinion
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 A.D.2d 508 [1989] ).
Accordingly, the order is affirmed.
SOLOMON, J.P., WESTON and ELLIOT, JJ., concur.