Dismissal–Supreme Court, New York County

Grezinsky v. Mount Hebron Cemetery

This action involved allegations of breach of contract against the defendant Mount Hebron Cemetery. The plaintiff alleged that the cemetery had refused to sell burial plots adjacent to her deceased parents’ graves. In addition, the plaintiff alleged that the cemetery had neglected to maintain the grounds of the cemetery and allowed tombstone inscriptions in a language other then Hebrew.

Mr. Malinowski immediately moved for dismissal of the action under the doctrine of res judicata in lieu of answering the complaint. An investigation into the action revealed that the plaintiff had commenced the same action against the same defendants in 1995 Kings County. That action was dismissed in 2001 by Justice Kramer as a result of plaintiff’s failure to prosecute. Accordingly, Mr. Malinowski argued that the plaintiff’s should not be allowed to circumvent Justice Kramer’s decision by commencing the same action in another venue. The Court agreed and dismissed the action under the doctrine of res judicata.