Recitation, as required by CPLR §2219(a), of the papers considered in the review of this Motion Papers Numbered Notice of Motion and Affidavits Annexed 1 Order to Show Cause Answering Affidavits 2 Replying Affidavits Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, defendant’s motion for dismissal or for summary judgment, are decided as follows: Plaintiff commenced this action seeking to recover no-fault benefits arising from a motor vehicle collision which occurred on November 26, 2019. Plaintiff seeks to recover $1,572.44. Defendant requests dismissal on the theory of collateral estoppel or res judicata. There were two previous arbitrations brought by 5 Borough Anesthesia. Two arbitrators both denied the no-fault claims in their entirety. Both arbitrations were to recover for medical services rendered to Obnere Augustin. The doctrine of collateral estoppel is an equitable doctrine, its purpose is to prevent a party from re-litigating in a subsequent action or proceeding an issue raised in a prior action or proceeding and decided against that party or those in privity, Buechel v. Bain, 97 NY 2d 295 (2001). The party seeking the benefit of collateral estoppel has the burden of demonstrating the identity of the issues in the present litigation and the prior determination. Suter v. Rose, 179 A.D. 3d 1127 (2nd Dept. 2020). Under the doctrine of res judicata, a final adjudication of a claim and all claims arising out of the same transaction or series of transactions by a party or those in privity with a party, Hymowitz v. Nguyen, 209 A.D. 3d 997 (2nd Dept. 2022), would be dispositive of a subsequent action between the parties. One linchpin is an identity of parties actually litigating successive actions against each other, Jacobson Development Group v. Grossman, 198 A.D. 3d 956 (2nd Dept. 2021). In this matter, the parties are not the same. In the arbitration, the claimant was 5 Borough Anesthesia. In this action, the plaintiff is Beneserre Services, Inc. The Court also finds that the issues of fraud, misrepresentations, and other issues are issues to be decided by the trier of fact. The defendant’s motions for dismissal and summary judgment are denied. This constitutes the decision and order of the Court. Dated: July 2, 2024
