GOSS v. MOJO FASHIONS LLC SUNO (2025)

Order, Supreme Court, New York County (Debra A. James, J.), entered May 14, 2024, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint in its entirety based on its finding that plaintiff's claims are barred by the doctrine of res judicata (see Matter of Josey v. Goord, 9 N.Y.3d 386, 389–390, 849 N.Y.S.2d 497, 880 N.E.2d 18 [2007];  see also Matter of Hunter, 4 N.Y.3d 260, 269, 794 N.Y.S.2d 286, 827 N.E.2d 269 [2005]).  In the prior action plaintiff sought to enforce a settlement agreement against defendant Mojo Fashions, LLC. That case was dismissed with prejudice because the court found there was no signed agreement for it to enforce (see Goss v Mojo Fashions, LLC d/b/a Suno, Sup Ct, N.Y. County, Nov. 28, 2018, Lebovits, J., index No. 156422/17). Here, plaintiff is seeking to enforce her employment agreement against defendants.  Both actions emanate from the termination of her employment with defendants and her alleged entitlement to a severance package under her employment agreement (see Matter of Josey, 9 N.Y.3d at 389–390, 849 N.Y.S.2d 497, 880 N.E.2d 18).  Plaintiff could have pled in her prior action that in the event the settlement agreement was deemed unenforceable, defendants breached the underlying employment agreement by failing to provide the full severance package (see AL Infinity LLC v. Innovative Concepts & Design, LLC, 232 A.D.3d 401, 401–402, 222 N.Y.S.3d 400 [1st Dept. 2024];  see Ellis v. Abbey & Ellis, 294 A.D.2d 168, 170, 742 N.Y.S.2d 225 [1st Dept. 2002], lv denied 98 N.Y.2d 612, 749 N.Y.S.2d 3, 778 N.E.2d 554 [2002]).

Finally, the prior court's statement during oral argument in plaintiff's first action has no bearing on whether res judicata is applicable to her second action.

We have considered plaintiff's remaining contentions and find them unavailing.