HIBBERT v. AVWONTOM

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendants made a prima facie showing of entitlement to judgment as a matter of law demonstrating that the instant litigation is barred by the doctrine of collateral estoppel based on a previous arbitration award which was adverse to the plaintiff ( see Clemens v Apple, 65 NY2d 746, 748-749; Ryan v New York Tel. Co., 62 NY2d 494, 500, 500-501; Goepel v City of New York, 23 AD3d 344, 346; Carter v Gospel Temple Church of God in Christ, 19 AD3d 353, 354-355). In opposition, the plaintiff failed to raise a triable issue of fact ( see Martin v Geico Direct Ins., 31 AD3d 505, 506). Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment dismissing the complaint.

The plaintiff's remaining contention is without merit ( see Matter of New York Cent. Mut. Fire Ins. Co. v Reinhardt, 27 AD3d 751, 753; Hilowitz v Hilowitz, 85 AD2d 621).