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Blumberg v. Landmark Colony at Oyster Bay Homeowner's Association

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 15, 2009

DIANA BLUMBERG, APPELLANT,
v.
LANDMARK COLONY AT OYSTER BAY HOMEOWNER'S ASSOCIATION, INC., ET AL., RESPONDENTS.

In an action, inter alia, in effect, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Spinola, J.), dated September 17, 2008, which granted the defendants' motion for summary judgment dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., JOSEPH COVELLO, PLUMMER E. LOTT and SANDRA L. SGROI, JJ.

(Index No. 6486/07)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The defendants demonstrated their entitlement to judgment as a matter of law by establishing that the plaintiff's causes of action regarding the defendants' alleged failure to maintain her condominium unit in accordance with the bylaws of the condominium association are barred by the doctrine of collateral estoppel, as the plaintiff's claims based on the same alleged failure were dismissed in a prior action (see Beuchel v Bain, 97 NY2d 295, 303-304, cert denied 535 US 1096), and that the plaintiff's remaining cause of action has been rendered academic. In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

PRUDENTI, P.J., COVELLO, LOTT and SGROI, JJ., concur.

20091215

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