Rapp v. Incorporated Village

Full title: DAVID RAPP et al., Appellants, v. INCORPORATED VILLAGE OF MINEOLA et al.…

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

Date published: May 17, 1993

193 A.D.2d 726 (N.Y. App. Div. 1993)

598 N.Y.S.2d 978

Opinion

May 17, 1993

Appeal from the Supreme Court, Nassau County (Christ, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the part of the first cause of action in question is barred by the doctrine of res judicata (see, Matter of Hodes v Axelrod, 70 N.Y.2d 364, 372-373; Matter of Reilly v Reid, 45 N.Y.2d 24, 28-29; Culver v County of Rensselaer, 139 A.D.2d 853, 854-855; Restatement [Second] of Judgments § 24). Mangano, P.J., Thompson, Balletta and Lawrence, JJ., concur.