Heath v. Wojtowicz

Appellate Division of the Supreme Court of New York

Heath v. Wojtowicz

89 A.D.3d 551, 932 N.Y.2d 695

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 2011·Published

Opinion

The motion court properly denied plaintiffs motion seeking [552]*552additional royalties from Warner Bros. Plaintiff’s claim was previously litigated, it was determined that he is due 162/s% of the 1% of royalties owed to his predecessor, the late John S. Wojtowicz, and that determination was affirmed by this Court (72 AD3d 402 [2010], lv dismissed 15 NY3d 768 [2010]). Accordingly, plaintiff is barred by the doctrine of res judicata from relitigating this claim (see Marinelli Assoc. v Helmsley-Noyes Co., 265 AD2d 1, 5 [2000]).

Furthermore, given plaintiffs pattern of continuous and vexatious litigation concerning this subject matter for the past few decades (see e.g. New York State Crime Victims Bd. v Abbott, 212 AD2d 22 [1995]), an injunction barring him from commencing new actions or proceedings seeking royalties from the film is warranted.

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.

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The motion court properly denied plaintiffs motion seeking [552]*552additional royalties from Warner Bros. Plaintiff’s claim was previously litigated, it was determined that he is due 162/s% of the 1% of royalties owed to his predecessor, the late John S. Wojtowicz, and that determination was affirmed by this Court (72 AD3d 402 [2010], lv dismissed 15 NY3d 768 [2010]). Accordingly, plaintiff is barred by the doctrine of res judicata from relitigating this claim (see Marinelli Assoc. v Helmsley-Noyes Co., 265 AD2d 1, 5 [2000]).

Furthermore, given plaintiffs pattern of continuous and vexatious litigation concerning this subject matter for the past few decades (see e.g. New York State Crime Victims Bd. v Abbott, 212 AD2d 22 [1995]), an injunction barring him from commencing new actions or proceedings seeking royalties from the film is warranted.

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.

Heath v. Wojtowicz, 89 A.D.3d 551, 932 N.Y.2d 695 (N.Y. Ct. App. 2011).

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Opinion

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