You searched for: "Res Judicata/Collateral Estoppel/Entire Controversy Doctrine"
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May 16, 2025
Court Rules A Federal Court’s Summary Judgment Order Could Not Support Res Judicata Until The Entry Of A Final Non-Appealable Judgment
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On April 4, 2025, Justice Joel M. Cohen ruled that a defendant seeking to dismiss claims against him on grounds of res judicata could not rely on a federal court’s summary judgment order because the order was not a “final conclusion” to the claim. In Raistone Purchasing LLC-Series XXXVII v. Gustavo Andres Patino Ocampo, et al., Index No. 654931/2024, defendant Gustavo Patino Ocampo argued that a federal court’s order on summary judgment in a federal action precluded the claim against him in state court. The Court denied his motion to dismiss, explaining: Read More
March 12, 2025
Amendment To Assert Counterclaims Not Barred By Possible Application Of Res Judicata
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On January 31, 2025, Justice Joel M. Cohen granted in part a motion to amend by a defendant/counterclaimant challenging the enforcement of a guarantee, finding that any argument that certain of the proposed counterclaims were barred by res judicata did not support denial of amendment. JG Group Holdings LLC v. Kahlon, Index No. 652196/2020. Read More
February 26, 2025
Res Judicata Barred Claims Against Defendant Based On Privity
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On January 22, 2025, Justice Nancy M. Bannon issued a Decision and Order in Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, Index No. 651268/2024, granting defendant’s motion to dismiss on the grounds the action was barred by res judicata based on prior FINRA arbitrations. Plaintiff had commenced separate arbitrations against four prior employees who founded defendant PEI Global Partners Holdings LLC, and a fifth arbitration against PEI Global Partners LLC, a broker-dealer wholly owned by the defendant. Although Defendant could not be made a party to the prior arbitrations as it was not a FINRA member and had no agreement to arbitrate before FINRA, the Court explained: Read More
November 10, 2023
Res Judicata and Collateral Estoppel Do Not Apply To Claims Over Which An Arbitrator Lacked Jurisdiction
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
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
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
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
