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Mills v. Wharton

Supreme Court, Appellate Term, Second Department
Apr 20, 1995
164 Misc. 2d 812 (N.Y. App. Term 1995)

Opinion

April 20, 1995

Appeal from the Civil Court of the City of New York, Kings County, Marsha L. Steinhardt, J.

Barbara Mills, appellant-respondent pro se. Hagan, Coury Associates, Brooklyn (William Coury and Lawrence A. Dombrow of counsel), for respondent-appellant.


MEMORANDUM.

Order unanimously affirmed without costs.

The lower court properly dismissed plaintiff's fourth and sixth causes of action as same were barred by the doctrine of res judicata. We note that a review of plaintiff's fourth cause of action reveals that plaintiff is seeking, at least in part, to recover disbursements incurred in a prior summary proceeding. On the appeal to this court from said summary proceeding, this court found in favor of plaintiff and awarded her costs and disbursements. Accordingly, plaintiff's remedy is to tax her disbursements (CPLR 8301; CCA 1908).

KASSOFF, P.J., ARONIN and CHETTA, JJ., concur.


Summaries of

Mills v. Wharton

Supreme Court, Appellate Term, Second Department
Apr 20, 1995
164 Misc. 2d 812 (N.Y. App. Term 1995)
Case details for

Mills v. Wharton

Case Details

Full title:BARBARA MILLS, Appellant-Respondent, v. ELIZABETH WHARTON…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 20, 1995

Citations

164 Misc. 2d 812 (N.Y. App. Term 1995)
629 N.Y.S.2d 627

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