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PLATON v. LINDEN-MARSHALL CONTR. INC.

9952, 657256/17.

176 A.D.3d 409 (2019)

109 N.Y.S.3d 41

2019 NY Slip Op 07015

Ana Maria Platon, Respondent, v. Linden-Marshall Contracting Inc., Appellant.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, New York (Glenn A. Kaminska of counsel), for appellant.

Frey & Kozak LLP, New York (Zachary A. Kozak of counsel), for respondent.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.

This action arises out of allegedly unsatisfactory renovation work performed by defendant on a bathroom owned by plaintiff. A prior action in small claims court resulted in a judgment, after trial, dismissing plaintiff's breach of contract claim in connection with this work and awarding defendant judgment on its counterclaim. The parties dispute whether plaintiff is now barred by the doctrine of res judicata from asserting the...

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