MURPHY v. REARDON (1999)

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

C. Gordon MURPHY, respondent, v. Robert P. REARDON, appellant.

Decided: May 17, 1999

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, LEO F. McGINITY and SANDRA J. FEUERSTEIN, JJ.

Goldberg & Smith, Hauppauge, N.Y. (Bob G. Goldberg of counsel), for appellant. Joel Field, White Plains, N.Y., for respondent.

In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Franco, J.), entered January 27, 1998, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $193,108.36.

ORDERED that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff's prior action to recover money owed by the defendant pursuant to a promissory note (see, Murphy v. Reardon, 211 A.D.2d 704, 621 N.Y.S.2d 894) does not warrant dismissal of this action by the plaintiff to recover money owed by the defendant pursuant to a separate agreement between the parties (see, Murray, Hollander, Sullivan & Bass v. Hem Research, 111 A.D.2d 63, 489 N.Y.S.2d 187; John Milnes Co. v. Staten Is. Bd. of Jewish Educ., 26 A.D.2d 831, 273 N.Y.S.2d 931).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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