Opinion
2011-11-17
George HEATH, Plaintiff–Appellant,v.John S. WOJTOWICZ, et al., Defendants.Warner Bros. Inc., Defendant–Respondent.
George Heath, appellant pro se.Margolin & Pierce, LLP, New York (Philip Pierce of counsel), for respondent.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about July 19, 2011, which denied plaintiff's motion seeking reimbursement from defendant Warner Bros., Inc. pursuant to a settlement agreement with plaintiff's predecessor in interest, unanimously modified, on the law and the facts, to issue an order barring plaintiff from commencing any further actions or proceedings seeking to obtain royalties from the film “Dog Day Afternoon,” and otherwise affirmed, without costs.
The motion court properly denied plaintiff's motion seeking additional royalties from Warner Bros. Plaintiff's claim was previously litigated, it was determined that he is due 16 2/3% of the 1% of royalties owed to his predecessor, the late John S. Wojtowicz, and that determination was affirmed by this Court (72 A.D.3d 402, 896 N.Y.S.2d 870 [2010], lv. dismissed 15 N.Y.3d 768, 906 N.Y.S.2d 812, 933 N.E.2d 211 [2010] ). Accordingly, plaintiff is barred by the doctrine of res judicata from relitigating this claim ( see Marinelli Assoc. v. Helmsley–Noyes Co., 265 A.D.2d 1, 5, 705 N.Y.S.2d 571 [2000] ).
Furthermore, given plaintiff's pattern of continuous and vexatious litigation concerning this subject matter for the past few decades ( see e.g. New York State Crime Victims Bd. v Abbott, 212 A.D.2d 22, 627 N.Y.S.2d 629 [1995] ), an injunction barring him from commencing new actions or proceedings seeking royalties from the film is warranted.
We have considered plaintiff's remaining arguments and find them unavailing.
GONZALEZ, P.J., TOM, CATTERSON, RICHTER, ROMÁN, JJ., concur.