BIRNBAUM v. GOLDENBERG CONSULTING GROUP INC (2018)

Order (Sabrina B. Kraus, J.), dated July 27, 2017, affirmed, with $10 costs.

Civil Court properly dismissed the complaint on res judicata grounds. The instant action, like the small claims action brought by plaintiff, seeks damages for defendant's alleged failure to properly split a particular employment placement commission. That plaintiff now seeks greater damages than sought in the small claims action does not alter this conclusion (see Chapman v. Faustin, 150 AD3d 647 [2017] ). Nor is a contrary result required by plaintiff's claim that defendant rendered false testimony in the small claims action. A party who has lost a case as result of alleged fraud or false testimony cannot collaterally attack the judgment in a separate action for damages against the party who adduced the false testimony (see Specialized Indus. Servs. Corp. v. Carter, 68 AD3d 750, 751–752 [2009] ). Plaintiff's remedy is limited to proceeding in the small claims court case where the alleged misconduct occurred (see Little Rest Twelve, Inc. v. Zajic, 137 AD3d 540 [2016] ) and a possible appeal from the judgment of that court (see Joseph v. Citibank, 271 AD2d 358 [2000] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.