Opinion
2002-00752
Argued February 25, 2003.
March 24, 2003.
In an action, inter alia, to recover upon a personal guaranty, the defendant Charles Richardson appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated December 12, 2001, which, upon an order of the same court, dated November 20, 2001, granting the plaintiff's motion for summary judgment on its first cause of action, is in favor of the plaintiff and against him in the principal sum of $701,370.93.
Lindenbaum Young, Brooklyn, N.Y. (Alan H. Young and Patrick I. Lucas of counsel), for appellant.
Susan von Ohlen, Great Neck, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, NANCY E. SMITH, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the appellant's contention, the Supreme Court properly applied the doctrine of res judicata in granting the plaintiff's motion for summary judgment on its first cause of action to recover on a personal guaranty (see Matter of Eagle Ins. Co. v. Facey, 272 A.D.2d 399; Sterling Doubleday Enters. v. Marro, 238 A.D.2d 502; Rizzo v. Ippolito, 137 A.D.2d 511; see also Ultracashmere House v. Kenston Warehousing Corp., 166 A.D.2d 386).
The appellant's remaining contentions lack merit.
RITTER, J.P., SANTUCCI, SMITH and LUCIANO, JJ., concur.