Mills v. Wharton

Appellate Terms of the Supreme Court of New York

Mills v. Wharton

164 Misc. 2d 812, 629 N.Y.S.2d 627, 1995 N.Y. Misc. LEXIS 352

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 20, 1995

StatusPublished

Cited by1 cases

This text of 164 Misc. 2d 812 (Mills v. Wharton) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mills v. Wharton, 164 Misc. 2d 812, 629 N.Y.S.2d 627, 1995 N.Y. Misc. LEXIS 352 (N.Y. Ct. App. 1995).

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Opinion

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

The lower court properly dismissed plaintiffs fourth and sixth causes of action as same were barred by the doctrine of [813]*813res judicata. We note that a review of plaintiffs fourth cause of action reveals that plaintiff is seeking, at least in part, to recover disbursements incurred in a prior summary proceeding. On the appeal to this court from said summary proceeding, this court found in favor of plaintiff and awarded her costs and disbursements. Accordingly, plaintiffs remedy is to tax her disbursements (CPLR 8301; CCA 1908).

Kassoff, P. J., Aronin and Chetta, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

The lower court properly dismissed plaintiffs fourth and sixth causes of action as same were barred by the doctrine of [813]*813res judicata. We note that a review of plaintiffs fourth cause of action reveals that plaintiff is seeking, at least in part, to recover disbursements incurred in a prior summary proceeding. On the appeal to this court from said summary proceeding, this court found in favor of plaintiff and awarded her costs and disbursements. Accordingly, plaintiffs remedy is to tax her disbursements (CPLR 8301; CCA 1908).

Kassoff, P. J., Aronin and Chetta, JJ., concur.

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Bluebook (online)

164 Misc. 2d 812, 629 N.Y.S.2d 627, 1995 N.Y. Misc. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-wharton-nyappterm-1995.

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