Majority
p. 551George Heath, Appellant, v John S. Wojtowicz et al., Defendants, and Warner Bros. Inc., Respondent. [932 NYS2d 695]
The motion court properly denied plaintiffs motion seeking
p. 552
additional royalties from Warner Bros. Plaintiff’s claim was previously litigated, it was determined that he is due 162/s% of the 1% of royalties owed to his predecessor, the late John S. Wojtowicz, and that determination was affirmed by this Court ( 72 AD3d 402 [2010], lv dismissed 15 NY3d 768 [2010]). Accordingly, plaintiff is barred by the doctrine of res judicata from relitigating this claim (see Marinelli Assoc. v Helmsley-Noyes Co., 265 AD2d 1 , 5 [2000]).
Furthermore, given plaintiffs 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 AD2d 22 [1995]), an injunction barring him from commencing new actions or proceedings seeking royalties from the film is warranted.
We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.
Cases cited
- Marinelli Associates v. Helmsley-Noyes Co. 265 AD2d 1 at 5 p. 552
- New York State Crime Victims Board v. Abbott 212 AD2d 22 p. 552