Opinion
No. 2023-19 K C
08-04-2023
Jules Francois Parisien, M.D., as Assignee of King, Andria A., Appellant, v. Zipcar, Respondent.
The Rybak Firm, PLLC (Maksim Leyvi and Richard Rozhik of counsel), for appellant. Rubin, Fiorella, Friedman & Mercante, LLP (Michael Philippou of counsel), for respondent.
Unpublished Opinion
The Rybak Firm, PLLC (Maksim Leyvi and Richard Rozhik of counsel), for appellant.
Rubin, Fiorella, Friedman & Mercante, LLP (Michael Philippou of counsel), for respondent.
PRESENT:: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LOURDES M. VENTURA, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Matthew P. Blum, J.), dated November 16, 2021. The order, insofar as appealed from and as limited by the brief, granted the branch of defendant's motion seeking a permanent stay of the action on the ground that the action is barred, under the doctrines of collateral estoppel and res judicata, by a February 21, 2017 Supreme Court order in a declaratory judgment action.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant's motion seeking a permanent stay of the action is denied.
For the reasons stated in Parisien, as Assignee of Morain, Shania v Avis Car Rental, LLC (__ Misc.3d __, 2023 NY Slip Op - [appeal No. 2022-1016 K C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant's motion seeking a permanent stay of the action is denied.
TOUSSAINT, P.J., MUNDY and VENTURA, JJ., concur.