TIMONEY v. NEWMARK & COMPANY REAL ESTATE, INC.


36 A.D.3d 686 (2007)

828 N.Y.S.2d 183

RICHARD J. TIMONEY, Appellant, v. NEWMARK & COMPANY REAL ESTATE, INC., Respondent.

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

Decided January 16, 2007.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint as barred by the doctrine of res judicata. In 1999, the plaintiff commenced an action against the defendant in the Supreme Court, New York County, alleging that the defendant failed to pay him a commission or fee to which he was entitled under a purported 1996 agreement. That action was dismissed in 2001, and such dismissal was affirmed...

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