Opinion
2012-10-25
PJA ASSOCIATES INC., Plaintiff–Appellant, v. INDIA HOUSE, INC., Defendant–Respondent.
The Dweck Law Firm, LLP, New York (H.P. Sean Dweck of counsel), for appellant. Wolf Haldenstein Adler Freeman & Herz, LLP, New York (Debra M. Schoenberg of counsel), for respondent.
The Dweck Law Firm, LLP, New York (H.P. Sean Dweck of counsel), for appellant. Wolf Haldenstein Adler Freeman & Herz, LLP, New York (Debra M. Schoenberg of counsel), for respondent.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 29, 2012, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
In this action to reform or modify an agreement to conform to the parties' alleged course of dealing and to enjoin termination for an alleged default, the motion court correctly determined that the complaint merely repackaged the allegations of a prior dismissed action ( see Ahead Realty LLC v. India House, Inc., 92 A.D.3d 424, 938 N.Y.S.2d 17 [1st Dept. 2012] ). Res judicata precluded the instant claims, which were not tangential and were actually litigated in the prior action; moreover, even if they had not been litigated, they could have been ( see Matter of Hunter, 4 N.Y.3d 260, 269, 794 N.Y.S.2d 286, 827 N.E.2d 269 [2005] ). While plaintiff is correct that the preclusive effect of declaratory judgment actions is limited ( see Jefferson Towers, Inc. v. Public Serv. Mut. Ins. Co., 195 A.D.2d 311, 313, 600 N.Y.S.2d 41 [1st Dept. 1993] ), such exception is inapplicable here where the matter was actually litigated and the complaint in the prior action alleged numerous causes of action in addition to the request for declaratory relief ( see Duane Reade, Inc. v. St. Paul Fire & Mar. Ins. Co., 600 F.3d 190, 196 [2d Cir.2010] ).
In view of the foregoing, it is unnecessary to address the other grounds urged for affirmance.