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RUBENS v. TINTLE

258 A.D.2d 385 (1999)

683 N.Y.S.2d 854

RICHARD RUBENS, Appellant, v. WILLIAM TINTLE et al., Respondents.

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

Decided February 23, 1999.

The motion court properly determined that, since the claims asserted in the instant complaint duplicate counterclaims asserted by the present plaintiff and dismissed in a now concluded prior action between the same parties, the presently asserted claims are barred by the doctrine of res judicata (see, Schwartzreich v E.P.C. Carting Co., 246 A.D.2d 439

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