Opinion
2002-01818
Argued January 17, 2003.
February 18, 2003.
In an action to recover damages for alleged violations of the Executive Law article 15, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered January 24, 2002, which, upon an order of the same court dated November 28, 2001, granting the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint, dismissed the complaint.
Ciarelli Dempsey, Riverhead, N.Y. (Patricia A. Dempsey of counsel), for appellant.
Rains Pogrebin, P.C., Mineola, N.Y. (Richard K. Zuckerman of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's renewed motion to dismiss the complaint on the ground that it was barred by the doctrine of collateral estoppel (see Parker v. Blauvelt Volunteer Fire Co., 93 N.Y.2d 343; Matter of Kaufman v. Office of Bldg. Inspector, Vil. of Mammaroneck, 295 A.D.2d 349).
In light of this determination, we need not reach the plaintiff's remaining contention.
FLORIO, J.P., FRIEDMANN, COZIER and MASTRO, JJ., concur.