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BABIGIAN v. WACHTLER

181 A.D.2d 640 (1992)

John H. Babigian, Appellant, v. Sol Wachtler, as Chief Judge of The Court of Appeals, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1992

The same cause of action, being raised herein, was directly addressed in Babigian v Wachtler (69 N.Y.2d 1012) and, thus, the action is barred by the doctrine of res judicata (Matter of Reilly v Reid, 45 N.Y.2d 24). Although plaintiff notes that recent court rules now permit Housing Judges to impose sanctions (see, 22 NYCRR 130-1.4), such rules clearly do not affect the constitutionality...

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