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 3 Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, defendant’s motion to dismiss the complaint, pursuant to CPLR 3211 is decided as follows: Claimant filed a Small Claims Court action seeking to recover $2,684.00 for loss of time for work. Claimant seeks, “FULL RETROACTIVE COLLECTIVE BARGAINING & PENSION INCREASE NOT RECEIVED AS PER LEGAL SETTLEMENT 202200103575″. Claimant had commenced an action in the New York County Supreme Court in 2017. That action was settled by a settlement agreement dated August 18, 2020. The City of New York agreed to pay the claimant $150,000.00. Various deductions were taken out, and the City issued a check for the “net pay” of $89,543.92 on September 24, 2020, which claimant deposited. The deductions included Federal, State, and City withholding tax, FICA payments, and Medicare deductions. Claimant had signed a general release, dated August 18, 2020. Defendant seeks dismissal based on the theory that claimant should have sought redress in an Article 78 proceeding, that this claim is barred by the four month statute of limitations, that the Small Claims Court lacks jurisdiction, and this claim is barred by the previously mentioned general release. Initially, the Court finds that if the claimant believes that the City did not perform its obligations in the Supreme Court of New York County, the most appropriate forum to litigate this claim would be a post-settlement application in the New York County Supreme Court. The Queens County Small Claims Court is not an appropriate forum to resolve an issue arising from a settlement of a New York County Supreme Court matter. Accordingly, the motion to dismiss is granted since there has been a previous settlement between the parties, In re Mercer, 141 A.D.3d 594 (2nd Dept. 2016). The Court is not making a ruling regarding defendant’s other arguments. The motion to dismiss the Small Claims Court complaint is granted. This constitutes the decision and order of the Court. Dated: July 16, 2024
