You searched for: "Res Judicata/Collateral Estoppel/Entire Controversy Doctrine"
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November 10, 2023
Res Judicata and Collateral Estoppel Do Not Apply To Claims Over Which An Arbitrator Lacked Jurisdiction
In a Decision and Order, dated October 11, 2023, in BT Supplies West, Inc. v. Brookline, LLC., Index No. 651364/2023, Justice Margaret A. Chan denied defendant’s motion to dismiss plaintiff’s breach of contract and account stated claims. (Schlam Stone & Dolan LLP represents the plaintiff in this action). Defendant argued that plaintiff’s claims should be dismissed because they were previously decided in an arbitration and thus res judicata or collateral estoppel applied. The court rejected defendant’s position, explaining: Read More
October 12, 2022
Decision In Prior Case Between The Parties Barred Most Of Plaintiff’s Claim
In an Opinion, dated September 26, 2022, in Five Star Elec. Corp. v. Silverite Constr. Co., 2022 NY Slip Op 50899(U), Justice Robert R. Reed held that a prior decision by Justice Cohen in a different dispute between the parties barred substantially all of Five Star’s claim. The Court explained: Read More
October 20, 2021
Prior Decision in Minnesota Court Against Borrower Precluded Guarantor From Raising Issue in New York
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski… Read More
January 19, 2021
Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY S… Read More
January 17, 2021
Law of the Case Doctrine Applies to Actions Consolidated for Trial
On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 16, 2021
Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims
On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 202… Read More
April 4, 2020
Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder
On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 0192… Read More
March 8, 2019
Claims Not Barred by Collateral Estoppel or Res Judicata Because They Had Not Matured When First Action Brought
On February 13, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
November 12, 2018
Dismissal With Prejudice of Federal Securities Law Claims Does Not Bar Common Law Fraud Claims
On October 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 31, 2018
Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims
On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 3256… Read More
March 1, 2018
Court Of Appeals Holds That Res Judicata Effect Of Federal Judgment Extends To Unasserted Compulsory Counterclaims
On February 20, 2018, a divided Court of Appeals decided Paramount Pictures Corp. v. Allianz Risk Tr… Read More
January 12, 2018
Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel
On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan G… Read More
April 22, 2017
Collateral Estoppel Does Not Bar Claims Regarding Painting's Ownership
On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, h… Read More
March 9, 2017
Prior Judgment From English Court Barred New Suit in New York
On February 28, 2017, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche… Read More
February 11, 2017
Dismissal for Lack of Standing Does Not Have Res Judicata Effect on Merits
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
December 18, 2016
Default Judgment Based on Refusal to Provide Discovery Has Collateral Estoppel Effect
On December 13, 2016, the First Department issued a decision in Metro Foundation Contractors, Inc. v… Read More
December 1, 2016
Court of Appeals Grants Leave to Appeal in Case Regarding Application of Res Judicata to Unasserted Compulsory Counterclaims in Prior Federal Action
On November 22, 2016, the Court of Appeals granted leave to appeal in Paramount Pictures Corp. v. Al… Read More
October 27, 2016
Argument Barred by Judicial Estoppel
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 20, 2016
Stipulated Facts at Trial Not Actually Litigated And So Have No Collateral Estoppel Effect
On October 12, 2016, the Second Department issued a decision in Douglas Elliman, LLC v. Silver, 2016… Read More
July 26, 2016
Res Judicata Bars Assertion of Claim That Was Compulsory Counterclaim in Prior Federal Action
On July 21, 2016, the First Department issued a decision in Paramount Pictures Corp. v. Allianz Risk… Read More
July 11, 2016
Collateral Estoppel Bars Plaintiff from Litigating Factual Issues Determined in Prior Arbitration
On June 30, 2016, the First Department issued a decision in Advanced Aerofoil Technologies AG v. Mis… Read More
May 26, 2016
Res Judicata Bars Claim Not Raised in Prior Action
On May 10, 2016, the First Department issued a decision in Wietschner v. Dimon, 2016 NY Slip Op. 036… Read More
December 5, 2015
Action Barred by Release in Prior Dispute
On November 24, 2015, the First Department issued a decision in Matter of Empire State Building Asso… Read More
November 20, 2015
Complaint Not Barred by the Doctrine of Res Judicata
On November 18, 2015, the Second Department issued a decision in Ricatto v. Mapliedi, 2015 NY Slip O… Read More
October 22, 2015
Res Judicata Does Not Apply to Surrogate's Court Decision
On October 22, 2015, the First Department issued a decision in Arroyo-Graulau v. Merrill Lynch Pierc… Read More
May 3, 2015
No Summary Judgment Against Sureties Where There Were Questions of Fact Regarding Whether They Were Bound by Prior Proceeding
On April 21, 2015, the First Department issued a decision in Five Star Electric Corp. v. Federal Ins… Read More
October 6, 2014
When Summary Judgment Decision Provides for Right to Assert New Causes of Action, Res Judicata Does Not Bar Assertion of Those Claims
On September 18, 2014, Justice Scheinkman of the Westchester County Commercial Division issued a dec… Read More
July 13, 2014
Small Claims Decision Has Res Judicata Effect in Supreme Court
On July 10, 2014, the Third Department issued a decision in Tovar v. Tesoros Property Management, L… Read More
April 11, 2014
Settlement of Federal Derivative Action Bars State Court Plaintiff’s Derivative Action
On April 1, 2014, Justice Lowe (formerly of the New York County Commercial Division and now Presidin… Read More
January 28, 2014
Judicial Estoppel Does Not Apply When the Argument Made Does Not Lead to a Judgment
On January 23, 2014, the First Department issued a decision in Wells Fargo Bank N.A. v. Webster Busi… Read More
January 22, 2014
Law of the Case Doctrine Bars Evidence on Issue Decided in Earlier Appeal
On January 21, 2014, the First Department issued a decision in Gliklad v. Cherney, 2014 NY Slip Op.… Read More
December 18, 2013
Settlement by Related Party In Earlier Action Does Not Bind Plaintiffs in New Action
On December 17, 2013, the First Department issued a decision in BDCM Opportunity Fund II, LP v. Yuca… Read More
October 30, 2013
Res Judicata Bars Claims Arising During Prior Lawsuit
On October 29, 2013, the First Department issued a decision in Jumax Assoc. v. 350 Cabrini Owners Co… Read More
