Capano v. Sostilio

Appellate Division of the Supreme Court of New York

Capano v. Sostilio

197 A.D.2d 451, 604 N.Y.S.2d 695

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 1993

StatusPublished

This text of 197 A.D.2d 451 (Capano v. Sostilio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Capano v. Sostilio, 197 A.D.2d 451, 604 N.Y.S.2d 695 (N.Y. Ct. App. 1993).

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Opinion

—Order of the Appellate Term of the Supreme Court, First Department (Riccobono, J. P., Parness and Miller, JJ.), entered June 1, 1992, which affirmed an order of the Civil Court, Bronx County (Lorraine Backal, J.), entered March 27, 1991, which, inter alia, denied plaintiffs motion to vacate a prior judgment of the Civil Court, entered June 18, 1980 in favor of defendants in the amount of $6,634.49, awarded defendants by order of this Court entered May 13, 1980 [75 AD2d 759], which reversed a prior judgment in plaintiffs favor, unanimously affirmed, with costs.

As plaintiff has extensively litigated this matter over the past 13 years and has raised identical issues previously in various stages of this litigation to avoid payment of the costs and disbursements, the doctrines of res judicata, collateral estoppel and law of the case bar relitigation herein. Concur— Sullivan, J. P., Carro, Ellerin and Kassal, JJ.

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—Order of the Appellate Term of the Supreme Court, First Department (Riccobono, J. P., Parness and Miller, JJ.), entered June 1, 1992, which affirmed an order of the Civil Court, Bronx County (Lorraine Backal, J.), entered March 27, 1991, which, inter alia, denied plaintiffs motion to vacate a prior judgment of the Civil Court, entered June 18, 1980 in favor of defendants in the amount of $6,634.49, awarded defendants by order of this Court entered May 13, 1980 [75 AD2d 759], which reversed a prior judgment in plaintiffs favor, unanimously affirmed, with costs.

As plaintiff has extensively litigated this matter over the past 13 years and has raised identical issues previously in various stages of this litigation to avoid payment of the costs and disbursements, the doctrines of res judicata, collateral estoppel and law of the case bar relitigation herein. Concur— Sullivan, J. P., Carro, Ellerin and Kassal, JJ.

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Bluebook (online)

197 A.D.2d 451, 604 N.Y.S.2d 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capano-v-sostilio-nyappdiv-1993.