| Tovar v Tesoros Prop. Mgt., LLC |
| 2014 NY Slip Op 05233 [119 AD3d 1127] |
| July 10, 2014 |
| Appellate Division, Third Department |
[*1]
| 1 Jamie E. Tovar, Appellant, v Tesoros PropertyManagement, LLC, et al., Respondents. |
Charny & Associates, Rhinebeck (Nathaniel K. Charny of counsel), forappellant.
Englert, Coffey, McHugh & Fantauzzi, LLP, Schenectady (Peter V. Coffey ofcounsel), for respondents.
Stein, J.P. Appeal from an order of the Supreme Court (Platkin, J.), enteredDecember 28, 2012 in Albany County, which granted defendants' motion to dismiss thecomplaint.
In 2007 and 2008, plaintiff was employed by defendants Charles Herman and GloriaHerman, the owners and operators of defendant Tesoros Property Management, LLC, toperform remodeling work pursuant to an oral understanding. In October 2008, plaintiffcommenced a small claims action against Tesoros in Schenectady City Court for unpaidwages for work from June 2008 through August 2008. After considering the parties'testimony, City Court dismissed the claim. More than three years later, plaintiffcommenced this action against defendants seeking unpaid wages for work that heallegedly performed between August 2007 and March 2008. Defendants moved todismiss the complaint, contending, among other things, that the claim was barred by resjudicata (see CPLR 3211 [a] [5]). Supreme Court agreed with defendants,granted the motion and dismissed the complaint. This appeal by plaintiff ensued and weaffirm.
We reject plaintiff's contention that City Court's judgment does not preclude thisclaim because plaintiff now seeks recovery of unpaid wages for a different period of timethan the time for which he sought to recover in the small claims action. Under thedoctrine of res judicata, "once a claim is brought to a final conclusion, all other claimsarising out of the same transaction or series of transactions are barred, even if based upondifferent theories or if seeking a different [*2]remedy"(O'Brien v City of Syracuse, 54 NY2d 353, 357 [1981]; see Matter of Josey v Goord, 9NY3d 386, 389-390 [2007]; Parker v Blauvelt Volunteer Fire Co., 93 NY2d343, 347 [1999]), so long as "the party to be barred had a full and fair opportunity tolitigate any cause of action arising out of the same transaction and the prior dispositionwas a final judgment on the merits" (Kinsman v Turetsky, 21 AD3d 1246, 1246 [2005], lvdenied 6 NY3d 702 [2005]; see Matter of Feldman v Planning Bd. of the Town ofRochester, 99 AD3d 1161, 1162-1163 [2012]). Thus, where those requirementshave been met, if "a plaintiff in a later action brings a claim for damages that could havebeen presented in a prior [action] against the same party, based upon the same harm andarising out of the same or related facts, the claim is barred by res judicata"(Parker v Blauvelt Volunteer Fire Co., 93 NY2d at 347-348 [emphases added];see Matter of Hunter, 4NY3d 260, 269 [2005]; SeeWhy Gerard, LLC v Gramro Entertainment Corp., 94 AD3d 1205, 1207 [2012];Rowley, Forrest, O'Donnell& Beaumont, P.C. v Beechnut Nutrition Corp., 55 AD3d 982, 984 [2008]).Stated another way, "when a plaintiff brings an action for only part of his [or her] causeof action, the judgment obtained in that action precludes him [or her] from bringing asecond action for the residue of the claim" (Stoner v Culligan, Inc., 32 AD2d170, 171-172 [1969]; seeSannon-Stamm Assoc., Inc. v Keefe, Bruyette & Woods, Inc., 68 AD3d678, 678 [2009]; Lanuto v Constantine, 215 AD2d 946, 947 [1995]).
Here, the record reflects that plaintiff had a full opportunity to litigate the issuesrelating to his small claim for unpaid wages in City Court and such court's dispositionwas a final decision on the merits. It is also evident that the claim brought by plaintiff inCity Court and the instant action arise out of the same series of transactions in connectionwith his work for defendants. Although the present action concerns wages allegedlyowed for a different time period than the City Court claim, inasmuch as it had matured atthe time that plaintiff commenced the prior action (see 2B Carmody-Wait 2d§ 16:2; compare Sannon-Stamm Assoc., Inc. v Keefe, Bruyette &Woods, Inc., 68 AD3d at 678), plaintiff could have also raised the current claim atthat time (see See Why Gerard, LLC v Gramro Entertainment Corp., 94 AD3d at1207; Kinsman v Turetsky, 21 AD3d at 1247; Matter of Carella v Collins,272 AD2d 645, 647 [2000]) and was not entitled to split his claim for unpaid wages intoseparate actions (see SwissHamlet Homeowners Assoc., Inc. v Souza, 13 Misc 3d 87, 88 [2006]; seealso Yarmosh v Lohan, 16 Misc 3d 1119[A], 2007 NY Slip Op 51513[U] [Dist Ct,Suffolk County 2007]; 2B Carmody-Wait 2d §§ 16:1, 16:6).
Plaintiff's further contention that UCCA 1808 deprives City Court's judgment of anyres judicata effect is also unavailing. We subscribe to the view that the language of thisstatute, as amended in 2005, only prevents small claims judgments from having issuepreclusion effect (collateral estoppel), but not from having claim preclusion effect (resjudicata), in subsequent actions (see Merrimack Mut. Fire Ins. Co. v Alan Feldman Plumbing &Heating Corp., 102 AD3d 754, 754-755 [2013]; Gerstman v Fountain TerraceOwners Corp., 31 Misc 3d 148[A], 2011 NY Slip Op 50988[U] [App Term, 2dDept, 2d, 11th & 13th Jud Dists 2011]; cf. McGee v J. Dunn Constr. Corp., 54 AD3d 1010 [2008];Katzab v Chaudhry, 48AD3d 428 [2008]; see also UDCA 1808; Gore v Mackie, 278 AD2d879, 880 [2000]; Assembly Sponsor's Mem, Bill Jacket, L 2005, ch 443 at 3; David D.Siegel, 1995 Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 29A,UCCA 1808, 2014 Pocket Part at 289; Siegel, NY Prac § 585 at 1044-1045[5th ed 2011]; 73A NY Jur 2d, Judgments § 439). As the elements of resjudicata were otherwise satisfied here, Supreme Court correctly dismissed the complainton that basis. Plaintiff's remaining contentions are either without merit or have beenrendered academic by this decision.
McCarthy, Egan Jr., Lynch and Clark, JJ., concur. Ordered that the order is affirmed,with costs.