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Waheed v. City of New York

Appellate Term of the Supreme Court of New York, Second Department
Jan 29, 2004
2004 N.Y. Slip Op. 50124 (N.Y. App. Term 2004)

Opinion

2003-88 K C.

Decided January 29, 2004.

Appeal by plaintiff from an order of the Small Claims Part of the Civil Court, Kings County (L. Jacobson, J.), dated November 14, 2002, which denied plaintiffs motion seeking, in effect, to vacate the judgment dated August 8, 2002 which, following an inquest, dismissed the action.

Order unanimously affirmed without costs.

PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.


In this small claims action seeking to recover based on an alleged false arrest, the court properly rendered the underlying judgment providing the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126). Upon review of the record, we find that the underlying judgment properly held that the doctrine of res judicata barred plaintiff from raising in a subsequent litigation any claim which was raised in a prior litigation with regard to the arrest of defendant on October 20, 1999 ( see generally Smith v. Russell Sage Coll., 54 NY2d 185, 192-1 93 [1981]; O'Brien v. City of Syracuse, 54 NY2d 353, 357-358; Matter of Reilly v. Reid, 45 NY2d 24, 30; Murphy v Town of Southampton, 168 AD2d 545).


Summaries of

Waheed v. City of New York

Appellate Term of the Supreme Court of New York, Second Department
Jan 29, 2004
2004 N.Y. Slip Op. 50124 (N.Y. App. Term 2004)
Case details for

Waheed v. City of New York

Case Details

Full title:ABUWI M. WAHEED, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Jan 29, 2004

Citations

2004 N.Y. Slip Op. 50124 (N.Y. App. Term 2004)