On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, holding that collateral estoppel did not bar claims regarding a painting’s ownership, explaining: In 2005, David Bakalar, a Massachusetts industrialist turned sculptor, brought suit against the heirs of Grunbaum seeking, inter alia, a declaration that he… Read more »
Blogs
Posts Categorized: Res Judicata/Collateral Estoppel
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 Bank, AG, 2017 NY Slip Op. 01518, affirming the dismissal of an action in New York based on an earlier English judgment, explaining: The claims in this action are the subject of a prior final judgment of an English… Read more »
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 Paf-Par LLC v. Silberberg, 2017 NY Slip Op. 30205(U), holding that dismissal for lack of standing did not have res judicata effect on the merits, explaining: Plaintiff’s action is not barred by res judicata based on the decision… Read more »
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. Marco Martelli Associates, Inc., 2016 NY Slip Op. 08329, holding that a default judgment issued as a discovery sanction had collateral estoppel effect, explaining: The court correctly dismissed the breach of contract causes of action as barred by the… Read more »
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. Allianz Risk Transfer AG. The First Department’s decision, which we blogged about here, held that a claim that should have been, but was not, brought as a compulsory counterclaim in a federal court action was barred by the… Read more »
Argument Barred by Judicial Estoppel
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in Hamilton 65th Partners, LLC v. Smallbone Inc., 2016 NY Slip Op. 31935(U), holding an argument barred by judicial estoppel, explaining: The doctrine of judicial estoppel prevents a party who assumed a certain position in a prior proceeding and… Read more »
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 NY Slip Op. 06675, holding that facts stipulated at trial were not actually litigated and thus had no collateral estoppel effect, explaining: Collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue clearly… Read more »
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 Transfer AG, 2016 NY Slip Op 05618, holding that res judicata barred a claim that should have been, but was not, brought as a compulsory counterclaim in a prior federal court action, explaining: Under the doctrine of res… Read more »
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. MissionPoint Capital Partners LLC, 2016 NY Slip Op. 05231, holding that the doctrine of collateral estoppel barred a plaintiff’s claims, explaining: The motion court correctly determined that the doctrine of collateral estoppel bars plaintiff from litigating two factual issues… Read more »
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. 03664, holding that res judicata barred a claim in a new action even though that claim had not been raised in a prior action in federal court involving the parties, explaining: The amended complaint should be dismissed… Read more »