res judicata precludes a party doctrine (New York) · Go Syfert
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res judicata precludes a party doctrine in New York

17 New York opinions name it 5 courts 1993–2026 7 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
In Re the Estate of Huntergreen
ny · 2005 · cited in 9 New York opinions naming this issue, 2006–2023
2 sentences

2023"The doctrine of res judicata precludes a party from litigating 'a claim where a judgment on the merits exits from a prior action between the same parties involving the same subject matter'" ( Matter of Josey v Goord , 9 NY3d 386, 389 , quoting Matter of Hunter , 4 NY3d 260, 269 ).

2023The doctrine of res judicata precludes a party from litigating "a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter" Josey v. Goard, 9 N.Y.3d 386, 389 (2007), quoting Matter of Hunter, 4 N.Y.3d 260,269 (2005).

79
O'Brien v. City of Syracusegreen
ny · 1981 · cited in 9 New York opinions naming this issue, 1993–2023
2 sentences

2006The doctrine of res judicata precludes a party from relitigating a claim where a judgment on the merits exists from a prior action between the same parties, or those in privity with those parties (see Matter of Hunter, 4 NY3d 260, 269 [2005]; Matter of Ranni [Ross], 58 NY2d 715, 717 [1982]; O’Brien v City of Syracuse, 54 NY2d 353, 357-358 [1981]).

1993The doctrine of res judicata precludes a party from relitigating a claim already litigated and from litigating a claim based upon the same facts and transactions underlying the previously litigated action (see, O’Brien v City of Syracuse, 54 NY2d 353 ; Smith v Russell Sage Coll., 54 NY2d 185 ; Matter of Reilly v Reid, 45 NY2d 24 ; Davie v Dwyer, 155 AD2d 921 ).

69
MATTER OF JOSEY v. Goordgreen
ny · 2007 · cited in 8 New York opinions naming this issue, 2016–2026
2 sentences

2026Res Judicata "The doctrine of res judicata precludes a party from litigating a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter" (Josey v Goord, 9 NY3d 386, 389 [2007] [citations and internal quotation marks omitted]).

2023"The doctrine of res judicata precludes a party from litigating 'a claim where a judgment on the merits exits from a prior action between the same parties involving the same subject matter'" ( Matter of Josey v Goord , 9 NY3d 386, 389 , quoting Matter of Hunter , 4 NY3d 260, 269 ).

68
Webb v. Greater New York Automobile Dealers Ass'ngreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Dealers Assn., Inc. , 144 AD3d 1134, 1134 [2d Dept 2016] [internal quotation marks omitted]).

11
Cartagena v. Leegreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2024–2024
1 sentence

2024Under New York law, "[t]he doctrine of res judicata precludes a party from litigating a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject" ( Cartagena v Lee , 202 AD3d 746, 747 [internal quotation marks omitted]).

11
Clifford v. County of Rocklandgreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023Under New York's transactional approach to the rule, "once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" id. quoting O'Brien v. City ofSyracuse, 54 N.Y.2d 353, 357 , (1981). ''Collateral estoppel comes into play when four conditions are fulfilled: (I) the issues in both proceedings are identical, (2) the issue in the prior proceeding was actually litigated and decided, (3) there was a full and fair opportunity to litigate in the prior pr

11
Conason v. Megan Holding, LLCgreen
ny · 2015 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023Under New York's transactional approach to the rule, "once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" id. quoting O'Brien v. City ofSyracuse, 54 N.Y.2d 353, 357 , (1981). ''Collateral estoppel comes into play when four conditions are fulfilled: (I) the issues in both proceedings are identical, (2) the issue in the prior proceeding was actually litigated and decided, (3) there was a full and fair opportunity to litigate in the prior pr

11
In re the Claim of Rannigreen
ny · 1982 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006The doctrine of res judicata precludes a party from relitigating a claim where a judgment on the merits exists from a prior action between the same parties, or those in privity with those parties (see Matter of Hunter, 4 NY3d 260, 269 [2005]; Matter of Ranni [Ross], 58 NY2d 715, 717 [1982]; O’Brien v City of Syracuse, 54 NY2d 353, 357-358 [1981]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Binder v. Tolou Realty Assoc., Inc. green
nyappdiv · 2022
1 sentence

2024Here, the Supreme Court properly denied the plaintiffs' motion for leave to enter a default judgment against the defendant ( see Newrez, LLC v City of Middletown , 216 AD3d at 656-657; Binder v Tolou Realty Assoc., Inc. , 205 AD3d 870, 871 ).

12024–2024
Milione v. City University of New York green
nyappdiv · 2017
1 sentence

2023Under New York's transactional approach to the rule, "once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" id. quoting O'Brien v. City ofSyracuse, 54 N.Y.2d 353, 357 , (1981). ''Collateral estoppel comes into play when four conditions are fulfilled: (I) the issues in both proceedings are identical, (2) the issue in the prior proceeding was actually litigated and decided, (3) there was a full and fair opportunity to litigate in the prior pr

12023–2023
Ricatto v. Mapliedi green
nyappdiv · 2015
1 sentence

2023Thus, a party asserting that an action is barred by the doctrine of res judicata must show the existence of a prior judgment on the merits between the same parties involving the same subject matter ( see Matter of Hunter , 4 NY3d at 269 ; Ricatto v Mapliedi , 133 AD3d 737, 738 ).

12023–2023
Charlene Simmons v. Trans Express Inc green
ny · 2021
1 sentence

2022Under the doctrine of res judicata, "once a claim is brought to a final conclusion, all other claims arising out [*2]of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" ( Simmons v Trans Express Inc. , 37 NY3d 107 , 111 [emphasis and internal quotation marks omitted]; see Gramatan Home Invs.

12022–2022
Tuper v. Tuper green
nyappdiv · 2006
1 sentence

2008(O’Brien v City of Syracuse, 54 NY2d 353 [1981]; Tuper v Tuper, 34 AD3d 1280 [4th Dept 2006].) The decisions handed down by the Court of Claims involving the same parties to this proceeding resolved only the procedural issue of the amendment of an answer to assert a counterclaim, not the substantive resolution of the merits of the counterclaim itself, i.e., the right of offset.

12008–2008
Davie v. Dwyer neutral
nyappdiv · 1989
1 sentence

1993The doctrine of res judicata precludes a party from relitigating a claim already litigated and from litigating a claim based upon the same facts and transactions underlying the previously litigated action (see, O’Brien v City of Syracuse, 54 NY2d 353 ; Smith v Russell Sage Coll., 54 NY2d 185 ; Matter of Reilly v Reid, 45 NY2d 24 ; Davie v Dwyer, 155 AD2d 921 ).

11993–1993
Reilly v. Reid green
ny · 1978
1 sentence

1993The doctrine of res judicata precludes a party from relitigating a claim already litigated and from litigating a claim based upon the same facts and transactions underlying the previously litigated action (see, O’Brien v City of Syracuse, 54 NY2d 353 ; Smith v Russell Sage Coll., 54 NY2d 185 ; Matter of Reilly v Reid, 45 NY2d 24 ; Davie v Dwyer, 155 AD2d 921 ).

11993–1993
Smith v. Russell Sage College green
ny · 1981
1 sentence

1993The doctrine of res judicata precludes a party from relitigating a claim already litigated and from litigating a claim based upon the same facts and transactions underlying the previously litigated action (see, O’Brien v City of Syracuse, 54 NY2d 353 ; Smith v Russell Sage Coll., 54 NY2d 185 ; Matter of Reilly v Reid, 45 NY2d 24 ; Davie v Dwyer, 155 AD2d 921 ).

11993–1993

Statutes the citing opinions construe

NY § N.Y. Highway Law § 205 (3) NY § N.Y. Judiciary Law § 753 (3) NY § N.Y. Judiciary Law § 756 (3) USC § 11u.s.c.363 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 17 (1993–2026) OH 9 (2000–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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