Opinion
01-26-2017
Greg WALTMAN, Plaintiff–Appellant, The G1 Quantum Fund, Plaintiff, v. TIME WARNER INC., et al., Defendants–Respondents.
Greg Waltman, appellant pro se. Davis Wright Tremaine LLP, New York (Jeremy A. Chase of counsel), for respondents.
Greg Waltman, appellant pro se.
Davis Wright Tremaine LLP, New York (Jeremy A. Chase of counsel), for respondents.
Appeals from orders, Supreme Court, New York County (Debra A. James, J.), entered May 21, 2015 and October 2, 2015, which granted defendants' respective motion to dismiss the complaint and enjoined the individual plaintiff from initiating any further litigation on any claim against defendants without prior approval of the Administrative Judge of the court in which plaintiff seeks to bring further litigation, deemed to be appeals from the subsequent judgments (CPLR 5501[c] ), same court and Justice, entered February 10, 2016, and August 18, 2016 dismissing the complaint, and as so considered, said judgments unanimously affirmed, without costs.
Plaintiffs' complaint is barred under res judicata, since a judgment on the merits exists from a prior action between the same parties involving the same subject matter (Matter of Hunter, 4 N.Y.3d 260, 269, 794 N.Y.S.2d 286, 827 N.E.2d 269 [2005] ).
The motion court properly enjoined the individual plaintiff to the extent indicated (Matter of Sud v. Sud, 227 A.D.2d 319, 319, 642 N.Y.S.2d 893 [1st Dept.1996] ).
FRIEDMAN, J.P., RICHTER, SAXE, MOSKOWITZ, KAPNICK, JJ., concur.