Press Access LLC v. 1800 Postcards, Inc.

136 A.D.3d 591, 25 N.Y.S.3d 596

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 25, 2016
• Docket: 315 653822/13
• Status: Published

Opinion

— Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered October 9, 2014, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.

The motion court correctly determined that plaintiff’s action alleging replevin was barred by the doctrine of res judicata, because plaintiff had previously brought the same replevin claim against defendant in federal court, and that claim had been litigated and decided on the merits in defendant’s favor (see Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 347 [1999]; Miller Mfg. Co. v Zeiler, 45 NY2d 956, 958 [1978]).

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Mazzarelli, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.