Coney Island Resorts, Inc. v. City of New York

Appellate Division of the Supreme Court of New York

Coney Island Resorts, Inc. v. City of New York

4 A.D.3d 211, 771 N.Y.S.2d 644, 2004 N.Y. App. Div. LEXIS 1776

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

DecidedFebruary 19, 2004

StatusPublished

This text of 4 A.D.3d 211 (Coney Island Resorts, Inc. v. City of New York) 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

Coney Island Resorts, Inc. v. City of New York, 4 A.D.3d 211, 771 N.Y.S.2d 644, 2004 N.Y. App. Div. LEXIS 1776 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Michael Stall-man, J.), entered January 9, 2003, which, inter alia, upon the prior grant of defendant’s motion for summary judgment, dismissed the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 3, 2003, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

The motion court properly found this action barred by the doctrine of res judicata, since the claims alleged in the proposed amended complaint, including the cause of action for breach of the covenant of good faith, are premised upon transactions identical to those underlying the breach of contract causes dismissed in the prior federal action (see O’Brien v City of Syracuse, 54 NY2d 353, 357 [1981]).

We have reviewed plaintiffs remaining arguments and find them unavailing. Concur—Mazzarelli, J.E, Williams, Friedman and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Michael Stall-man, J.), entered January 9, 2003, which, inter alia, upon the prior grant of defendant’s motion for summary judgment, dismissed the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 3, 2003, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

The motion court properly found this action barred by the doctrine of res judicata, since the claims alleged in the proposed amended complaint, including the cause of action for breach of the covenant of good faith, are premised upon transactions identical to those underlying the breach of contract causes dismissed in the prior federal action (see O’Brien v City of Syracuse, 54 NY2d 353, 357 [1981]).

We have reviewed plaintiffs remaining arguments and find them unavailing. Concur—Mazzarelli, J.E, Williams, Friedman and Gonzalez, JJ.

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Bluebook (online)

4 A.D.3d 211, 771 N.Y.S.2d 644, 2004 N.Y. App. Div. LEXIS 1776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coney-island-resorts-inc-v-city-of-new-york-nyappdiv-2004.

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