From Casetext: Smarter Legal Research

Majid v. Commissioner of Social Services

Appellate Division of the Supreme Court of New York, First Department
Dec 15, 2005
24 A.D.3d 251 (N.Y. App. Div. 2005)

Opinion

7402.

December 15, 2005.

Order, Family Court, New York County (Sara P. Schechter, J.), entered on or about December 23, 2004, which denied petitioner's objection to the Support Magistrate's order dismissing with prejudice his petition to adjust arrears, unanimously affirmed, without costs.

Before: Tom, J.P., Marlow, Williams, Gonzalez and Malone, JJ., concur.


In a prior proceeding, this Court held that respondent could collect postjudgment interest on a judgment against petitioner for arrears of child support ( Majid v. Commissioner of Social Servs., 244 AD2d 187). Accordingly, petitioner's resurrected claim to the contrary is barred by res judicata ( see Matter of Hunter, 4 NY3d 260, 269). Petitioner's new claim that the judgment is invalid because it was docketed in the wrong county could have been raised in the prior proceeding and is therefore also barred by res judicata ( see id.).


Summaries of

Majid v. Commissioner of Social Services

Appellate Division of the Supreme Court of New York, First Department
Dec 15, 2005
24 A.D.3d 251 (N.Y. App. Div. 2005)
Case details for

Majid v. Commissioner of Social Services

Case Details

Full title:SAID MAJID, Appellant, v. COMMISSIONER OF SOCIAL SERVICES, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 15, 2005

Citations

24 A.D.3d 251 (N.Y. App. Div. 2005)
806 N.Y.S.2d 206

Citing Cases

Weaver v. Weaver

The Support Magistrate correctly found that the parties did not enter into any stipulated agreement to set a…

Weaver v. Weaver

The Support Magistrate correctly found that the parties did not enter into any stipulated agreement to set a…