Blogs

Posts Categorized: Res Judicata/Collateral Estoppel/Entire Controversy Doctrine

Posted: 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. 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 »

Posted: 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. 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 »

Posted: October 27, 2016

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 »

Posted: 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 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 »

Posted: 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 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 »

Posted: 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. 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 »

Posted: 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 Associates, L.L.C., 2015 NY Slip Op. 08630, holding that a plaintiff’s claims were barred by a release in a prior dispute. In Matter of Empire State Building Associate, the defendant moved to dismiss based on a release granted in... Read more »

Posted: 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 Op. 08401, reversing the dismissal of a complaint on res judicata grounds, explaining: The doctrine of res judicata gives binding effect to the judgment of a court of competent jurisdiction and prevents the parties to an action, and... Read more »

Posted: 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 Pierce, Fenner & Smith, Inc., 2015 NY Slip Op. 07774, rejecting an argument that a Surrogate’s Court decision had res judicata effect. In Arroyo-Graulau, the defendants moved to dismiss claims regarding a securities account arguing, among other things, that a... Read more »