BELFORD v. John Flannery, Defendant. (1998)

Supreme Court, Appellate Division, First Department, New York.

Richard BELFORD, etc., Plaintiff-Appellant, v. Margaret A. SCHORSCH, et al., Defendants-Respondents, John Flannery, Defendant.

Decided: December 29, 1998

MILONAS, J.P., ROSENBERGER, ELLERIN, WALLACH and WILLIAMS, JJ.

Harry Kresky, for plaintiff-appellant. David B. Picker, for defendants-respondents.

Order, Supreme Court, New York County (Charles Ramos, J.), entered April 7, 1997, which, inter alia, granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff's causes of action for false arrest, malicious prosecution and abuse of process were properly dismissed. The doctrine of res judicata bars plaintiff from relitigating the first two claims, as they have already been asserted by plaintiff and concluded against him in a prior action (see, O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158). The abuse of process claim is also res judicata as it arises out of the same transaction or series of transactions as the previously litigated false arrest and malicious prosecution claims (id.).

MEMORANDUM DECISION.

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