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

Posted: 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. Co., 2015 NY Slip Op. 03277, holding that a surety was not bound by an arbitral award. In Five Star Electric, the trial court granted the plaintiff partial summary judgment against “defendants-third party plaintiffs-co-sureties Federal Insurance Company... Read more »

Posted: 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 decision in MBIA Ins. Corp. v. J.P.Morgan Sec. LLC, 2014 NY Slip Op. 51424(U), ruling that a prior order granting summary judgment to the defendant did not preclude the defendant from filing an amended complaint asserting new claims, where the summary... Read more »

Posted: 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.L.C., 2014 NY Slip Op. 05233, holding that UCCA 1808 does not deprive small claims judgments of res judicata effect. In Tovar, the plaintiff sued the defendant “in Schenectady City Court for unpaid wages for work from June 2008 through... Read more »

Posted: 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 Presiding Justice of the Appellate Term, 1st Judicial District), issued a decision in Wexler v. KPMG LLP, 2014 NY Slip Op. 30825(U), granting a series of motions to dismiss in an action brought by an investor who allegedly lost... Read more »

Posted: 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 Business Credit Corp., 2014 NY Slip Op 00412, explaining the scope of the doctrine of judicial estoppel. In Wells Fargo Bank, the trial court dismissed the defendant’s claim for “indemnification from plaintiffs for attorneys’ fees incurred in” defending the... Read more »

Posted: 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. 00310, affirming the striking of an affirmative defense based on the law of the case doctrine. “In a prior appeal,” the First Department held “that the promissory note” at issue in Gliklad “contained a clause selecting New York as the... Read more »

Posted: 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. Yucaipa Am. Alliance Fund I, LP, 2013 NY Slip Op. 08387, addressing whether plaintiffs were bound by a settlement agreement entered into by a related party in another action. The First Department agreed with the trial court that... Read more »

Posted: 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 Corp., 2013 NY Slip Op. 06992, illustrating the scope of the doctrine of res judicata. Jumax had previously commenced an action in 2002 seeking to recover fees that had been paid to defendant co-op pursuant to a license... Read more »