Samuel Pfeiffer, Plaintiff-Appellant, v. Edward G. Imperatore, et al., Defendants-Respondents. (2018)

Judgments, Supreme Court, New York County (Charles E. Ramos, J.), entered June 21, 2016 and June 29, 2016, dismissing the amended complaint in the first action and the complaint in the second action upon orders, same court and Justice, entered March 3, 2016 and March 21, 2016, which, among other things, granted defendants' motions to dismiss the aforesaid complaints for the reasons set forth in a hearing transcript, and awarded sanctions and issued a litigation injunction, unanimously affirmed, with costs.

Although the prior dismissed actions filed in 2013 and 2014 did not seek the same relief as in this case, they alleged the same facts in support of claims of a fraud on the court. Accordingly, plaintiff's current claims for equitable relief based on allegations of a fraud on the court could and should have been raised in the prior actions and are thus barred by the doctrine of res judicata (see Matter of Hunter, 4 NY3d 260, 269 [2005]).

Given the history of litigation by this plaintiff against these parties, the motion court providently exercised its discretion in issuing the litigation injunction and financial sanctions against plaintiff (see 22 NYCRR 130-1.1).

M-178 Samuel Pfeiffer v Mid-Town Development Limited Partnership M-190 Samuel Pfeiffer v Edward G. Imperatore Motions to withdrawn appeals denied.