Opinion
April 25, 2000.
Order, Supreme Court, New York County (Harold Tompkins, J.), entered December 8, 1998, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
Pro Se, for plaintiff-appellant.
Dana H. Hoffman, for defendant-respondent.
ROSENBERGER, J.P., NARDELLI, TOM, WALLACH, SAXE, JJ.
Plaintiff's claims are clearly premised upon the same transaction that was the subject of a case in Civil Court, which culminated in plaintiff receiving full payment of a judgment against defendant. Thus, the present action is barred by the doctrine of res judicata (see, Schwartzreich v. EPC Carting Co., Inc., 246 A.D.2d 439).
Moreover, plaintiff's allegations of perjury committed in the prior judicial proceedings do not form the basis of a separate, subsequent civil action for damages (Yalkowsky v. Shedler, 94 A.D.2d 684,appeal dismissed in part and lv denied in part 60 N.Y.2d 700). Her remedy is limited to proceedings in the Civil Court case and possible appeal from the judgment of that court.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.