TRENSKY v. JOHNSON


1 Misc.3d 50 (2003)

770 N.Y.S.2d 816

PAUL I. TRENSKY, Appellant, v. NORA JOHNSON, Respondent.

Supreme Court, Appellate Term, First Department.

October 30, 2003.


Attorney(s) appearing for the Case

Paul I. Trensky, Bronx, appellant pro se.

A. Steven Young, New York City, for respondent.

McCOOE, J.P., DAVIS and GANGEL-JACOB, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order and judgment each entered on or about February 27, 2002 reversed, without costs, defendant's counterclaims are dismissed and judgment is awarded to plaintiff on the main action in the principal sum of $2,148.59.

The doctrine of res judicata requires dismissal of the breach of contract and fraud counterclaims interposed by defendant in this small claims action, since defendant had the opportunity to raise those...

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