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Torgerson v. Writsel

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2000
275 A.D.2d 365 (N.Y. App. Div. 2000)

Opinion

Submitted March 1, 2000

August 15, 2000.

In an action, inter alia, to recover damages for false arrest, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (R. Goldberg, J.), dated February 23, 1999, which granted the defendant's motion pursuant to CPLR 3211(a)(5) and (7) to dismiss the complaint, and (2) an order of the same court dated June 18, 1999, which denied his motion for leave to reargue.

Ralph B. Torgerson, Brooklyn, N.Y., appellant pro se.

James P. McCall, Brooklyn, N.Y., for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the appeal from the order dated June 18, 19 99, is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the order dated February 23, 1999, is affirmed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

We agree with the Supreme Court that the plaintiff's action is barred by the principles of res judicata and collateral estoppel (see, Gramatan Home Investors Corp. v. Lopez, 46 N.Y.2d 481). The plaintiff's remaining contentions are without merit.


Summaries of

Torgerson v. Writsel

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2000
275 A.D.2d 365 (N.Y. App. Div. 2000)
Case details for

Torgerson v. Writsel

Case Details

Full title:RALPH B. TORGERSON, APPELLANT, v. MICHAEL WRITSEL, RESPONDENT

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

Date published: Aug 15, 2000

Citations

275 A.D.2d 365 (N.Y. App. Div. 2000)
712 N.Y.S.2d 423