Panagiotou v. Samaritan Village, Inc.
Opinion of the Court
The plaintiffs own a building in Richmond Hill, Queens, adjacent to a lot owned by the defendants, Samaritan Village, Inc., and Samaritan Foundation, Inc. (hereinafter together Samaritan). In 2003, Samaritan constructed a new building on its property. In April 2006 the plaintiffs commenced an action against, among others, Samaritan, claiming that the excavation work was negligently performed and caused damage to their building (hereinafter the 2006 action). After the plaintiffs failed to comply with certain discovery demands, the Supreme Court issued a conditional order of preclusion in the 2006 action, which became absolute when the plaintiffs did not remedy their noncompliance. Thereafter, the Supreme Court granted Samaritan’s motion, made jointly with other defendants, for summary judgment dismissing the complaint in the 2006 action on the ground that, given the preclusion order, the plaintiffs would not be able to prove their case. On appeal, this Court affirmed that determination (see Panagiotou v Samaritan Vil., Inc., 66 AD3d 979 [2009]).
In August 2009, while their appeal in the 2006 action was pending, the plaintiffs commenced the instant action alleging that Samaritan breached an agreement to purchase insurance to protect the plaintiffs’ property from Samaritan’s construction activity. The alleged damages, however, consisting of property damage to the plaintiffs’ building, arose from the same excavation work at issue in the 2006 action. Samaritan moved for summary judgment dismissing the complaint on the ground that the instant action was barred by the doctrine of res judicata. The Supreme Court denied the motion. We reverse.
Accordingly, the Supreme Court should have granted Samaritan’s motion for summary judgment dismissing the complaint. Skelos, J.E, Balkin, Leventhal and Hall, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.