| Katzab v Chaudhry |
| 2008 NY Slip Op 01117 [48 AD3d 428] |
| February 5, 2008 |
| Appellate Division, Second Department |
| Sofia Katzab et al., Appellants, v Nadeem Chaudhry,Respondent. |
—[*1] Callan, Koster, Brady & Brennan, LLP, New York, N.Y. (Michael P. Kandler and Eric L.Shoikhetman of counsel), for respondent.
In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appealfrom an order of the Supreme Court, Kings County (Jackson, J.), dated September 21, 2006,which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) onthe ground of res judicata.
Ordered that the order is reversed, on the law, with costs, and the defendant's motion todismiss the complaint is denied.
The Supreme Court erred in granting his motion to dismiss the complaint on the ground ofres judicata. New York City Civil Court Act § 1808 provides that "[a] judgment obtainedunder this article shall not be deemed an adjudication of any fact at issue or found therein in anyother action or court; except that a subsequent judgment obtained in another action or courtinvolving the same facts, issues and parties shall be reduced by the amount of a judgmentawarded under this article." Accordingly, it was error to accord the action between the plaintiffSofia Katzab and the defendant in Small Claims Court res judicata effect and to dismiss thecomplaint on that basis (see Schutte vKaufman, 40 AD3d 739 [2007]; Molska v Garfield, 2 AD3d 510, 510-511 [2003]; Cohen vBloom, 234 AD2d 499 [1996]; Purnavel v Tel-A-Car of N.Y., 204 AD2d 297[1994]). Spolzino, J.P., Santucci, Lifson and Covello, JJ., concur.