PETTUS v. BOARD OF DIRECTORS OWNERS 800 GRAND CONCOURSE (2019)

Order (Brenda Rivera, J.), entered November 8, 2018, affirmed, without costs.

This small claims action was properly dismissed on res judicata grounds. The instant action, like the Supreme Court action previously commenced by plaintiff, is based upon the defendant cooperative's determination to issue a credit to monthly maintenance of certain tax abatements, rather than issuing a direct refund by check (see Matter of Pettus v. Board of Directors, 155 AD3d 485 [2017]; see also O'Brien v. City of Syracuse, 54 NY2d 353, 357 [1981] ). That plaintiff now seeks different relief than sought in Supreme Court does not alter this conclusion (see Chapman v. Faustin, 150 AD3d 647 [2017] ). Under New York's transactional analysis approach to res judicata, “once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy” (Matter of Hunter, 4 NY3d 260, 269 [2005], quoting O'Brien v. City of Syracuse, 54 NY2d at 357).

We also reject plaintiff's challenge to that portion of the order on appeal barring him from initiating further litigation in the Civil Court without prior court approval (see Pettus v. Board of Directors, appeal numbered 19-061, decided herewith.)

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.