SAITI v. 316 E. 68TH ST. CORP.

Index No. 654127/19. Appeal No. 13694. Case No. 2020-03650.

193 A.D.3d 663 (2021)

148 N.Y.S.3d 66

2021 NY Slip Op 02617

Braim Saiti, Appellant, v. 316 East 68th Street Corp., Respondent.

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

Decided April 29, 2021.


Attorney(s) appearing for the Case

Turturro Law, P.C., Brooklyn ( Natraj S. Bhushan of counsel), for appellant.

Paduano & Weintraub LLP, New York ( Meredith Cavallaro of counsel), for respondent.

Concur—Webber, J.P., Singh, González, Shulman, JJ.


Supreme Court correctly determined that the allegations underlying plaintiff's breach of contract, promissory estoppel, and unjust enrichment claims are barred by the doctrine of res judicata, and subject to dismissal under pursuant to CPLR 3211(a)(5). Contrary to plaintiff's contention, the requisite privity exists for purposes of res judicata because the record establishes that his union filed a grievance on his behalf challenging defendant's termination of his employment...

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