party from relitigating any claim (New York) · Go Syfert
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party from relitigating any claim in New York

16 New York opinions name it 3 courts 1989–2025 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 (7)

CaseFollowedCited
Smith v. Russell Sage Collegegreen
ny · 1981 · cited in 4 New York opinions naming this issue, 1989–2004
2 sentences

2004Pursuant to the doctrine of res judicata, ‘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’ (O’Brien v City of Syracuse, 54 NY2d 353, 357 ; see also, Smith v Russell Sage Coll., 54 NY2d 185 ; Matter of Reilly v Reid, 45 NY2d 24 ; Feigen v Advance Capital Mgt.

2004Pursuant to the doctrine of res judicata, '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' ( O'Brien v City of Syracuse , 54 NY2d 353, 357 ; see also, Smith v Russell Sage Coll. , 54 NY2d 185 ; Matter of Reilly v Reid , 45 NY2d 24 ; Feigen v Advance Capital Mgt.

44
Hyman v. Hillelsongreen
nyappdiv · 1980 · cited in 4 New York opinions naming this issue, 1989–2004
2 sentences

2004Relations Bd. ( 151 AD2d 168, 185-186 [2d Dept 1989]), the Court instructed that “[t]he doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding (see, Hyman v Hillelson, 79 AD2d 725, 726 [1980], affd 55 NY2d 624 ).

2004Relations Bd . ( 151 AD2d 168, 185-186 [2d Dept 1989]), the Court instructed that "[t]he doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding ( see , Hyman v Hillelson , 79 AD2d 725, 726 [1980], affd 55 NY2d 624 ).

24
County of Nassau v. New York State Public Employment Relations Boardgreen
nyappdiv · 1989 · cited in 3 New York opinions naming this issue, 1996–2004
2 sentences

2004Relations Bd. ( 151 AD2d 168, 185-186 [2d Dept 1989]), the Court instructed that “[t]he doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding (see, Hyman v Hillelson, 79 AD2d 725, 726 [1980], affd 55 NY2d 624 ).

2004Relations Bd . ( 151 AD2d 168, 185-186 [2d Dept 1989]), the Court instructed that "[t]he doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding ( see , Hyman v Hillelson , 79 AD2d 725, 726 [1980], affd 55 NY2d 624 ).

23
Paar v. Bay Crest Assn.green
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017The doctrine of res judicata bars a party from relitigating any claim which could been or should have been litigated in a prior proceeding, while collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity (see Paar v Bay Crest Assn., 140 AD3d 1137, 1139 [2016]).

2017The doctrine of res judicata bars a party from relitigating any claim which could been or should have been litigated in a prior proceeding, while collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity (see Paar v Bay Crest Assn., 140 AD3d 1137, 1139 [2016]).

22
O'Brien v. City of Syracusegreen
ny · 1981 · cited in 5 New York opinions naming this issue, 1989–2025
2 sentences

2025Corp. , 9 NY3d 124, 127). "'[O]nce 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. [emphasis omitted], quoting O'Brien v City of Syracuse , 54 NY2d 353, 357).

2025Corp. , 9 NY3d 124, 127). "'[O]nce 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. [emphasis omitted], quoting O'Brien v City of Syracuse , 54 NY2d 353, 357).

15
Jacobson Dev. Group, LLC v. Grossmangreen
nyappdiv · 2021 · cited in 2 New York opinions naming this issue, 2022–2023
2 sentences

2023Group, LLC v Grossman , 198 AD3d 956, 959 ).

2022"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d at 761 [internal quotation marks omitted]; see Jacobson Dev. [*2]Group, LLC v Grossman , 198 AD3d 956 ).

12
City of New York v. Welsbach Electric Corp.green
ny · 2007 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Corp. , 9 NY3d 124, 127). "'[O]nce 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. [emphasis omitted], quoting O'Brien v City of Syracuse , 54 NY2d 353, 357).

2025Corp. , 9 NY3d 124, 127). "'[O]nce 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. [emphasis omitted], quoting O'Brien v City of Syracuse , 54 NY2d 353, 357).

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 (14)

CaseCitedYears
Reilly v. Reid green
ny · 1978
2 sentences

2004Pursuant to the doctrine of res judicata, ‘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’ (O’Brien v City of Syracuse, 54 NY2d 353, 357 ; see also, Smith v Russell Sage Coll., 54 NY2d 185 ; Matter of Reilly v Reid, 45 NY2d 24 ; Feigen v Advance Capital Mgt.

2004Pursuant to the doctrine of res judicata, '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' ( O'Brien v City of Syracuse , 54 NY2d 353, 357 ; see also, Smith v Russell Sage Coll. , 54 NY2d 185 ; Matter of Reilly v Reid , 45 NY2d 24 ; Feigen v Advance Capital Mgt.

41989–2004
Hyman v. Hillelson neutral
ny · 1981
2 sentences

2004Relations Bd. ( 151 AD2d 168, 185-186 [2d Dept 1989]), the Court instructed that “[t]he doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding (see, Hyman v Hillelson, 79 AD2d 725, 726 [1980], affd 55 NY2d 624 ).

2004Relations Bd . ( 151 AD2d 168, 185-186 [2d Dept 1989]), the Court instructed that "[t]he doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding ( see , Hyman v Hillelson , 79 AD2d 725, 726 [1980], affd 55 NY2d 624 ).

41989–2004
Eaddy v. U.S. Bank N.A. green
nyappdiv · 2020
2 sentences

2025"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( id. , quoting Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d 760, 761). "'One linchpin of res judicata is an identity of parties actually litigating successive actions against each other: the doctrine applies only when a claim between the parties has been previously brought to a final conclusion'" ( Simmons v Trans Express Inc. , 37 NY3d 107, 111 [emphasis and internal quotation marks omitted], quoting City of New York v Welsbach Elec.

2025"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( id. , quoting Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d 760, 761). "'One linchpin of res judicata is an identity of parties actually litigating successive actions against each other: the doctrine applies only when a claim between the parties has been previously brought to a final conclusion'" ( Simmons v Trans Express Inc. , 37 NY3d 107, 111 [emphasis and internal quotation marks omitted], quoting City of New York v Welsbach Elec.

32022–2025
Matter of Board of Fire Commr. of the Fairview Fire Dist. v. Town of Poughkeepsie Planning Bd. green
nyappdiv · 2017
2 sentences

2019"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Matter of Board of Fire Commrs. of the Fairview Fire Dist. v Town of Poughkeepsie Planning Bd. , 156 AD3d at 627 ).

2018"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Matter of Board of Fire Commrs. of the Fairview Fire Dist. v Town of Poughkeepsie Planning Bd. , 156 AD3d at 627 ). " A judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been litigated in the foreclosure action'" ( Malgeo Constr.

22018–2019
Liberty Associates v. Etkin green
nyappdiv · 2010
1 sentence

2024"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d at 761 [internal quotation marks omitted]). "'A stipulation of discontinuance with prejudice without reservation of right or limitation of the claims disposed of is [*2]entitled to preclusive effect under the doctrine of res judicata'" ( Cora v Ranjan , 98 AD3d 598, 599 , quoting Liberty Assoc. v Etkin , 69 AD3d 681, 682-683 ; see DeSouza v LSREF2 Apex 2, LLC , 171 AD3d 702 , 703).

12024–2024
Cora v. Ranjan green
nyappdiv · 2012
1 sentence

2024"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d at 761 [internal quotation marks omitted]). "'A stipulation of discontinuance with prejudice without reservation of right or limitation of the claims disposed of is [*2]entitled to preclusive effect under the doctrine of res judicata'" ( Cora v Ranjan , 98 AD3d 598, 599 , quoting Liberty Assoc. v Etkin , 69 AD3d 681, 682-683 ; see DeSouza v LSREF2 Apex 2, LLC , 171 AD3d 702 , 703).

12024–2024
Jones v. Flushing Bank green
nyappdiv · 2023
2 sentences

2023The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding ( see id. ).

2023"A judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been raised in the foreclosure action" ( id. ).

12023–2023
Montoute v. Wells Fargo Bank, N.A. green
nyappdiv · 2022
1 sentence

2023"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Montoute v Wells Fargo Bank, N.A. , 208 AD3d at 475 , quoting Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d at 761).

12023–2023
83-17 Broadway Corp. v. Debcon Financial Services, Inc. green
nyappdiv · 2007
1 sentence

2023Servs., Inc. , 39 AD3d 583, 584-585 ).

12023–2023
Ciraldo v. JP Morgan Chase Bank, N.A. green
nyappdiv · 2016
1 sentence

2023"The doctrine of res judicata bars a party from relitigating any claim which could have been or should have been litigated in a prior proceeding" ( Chapman Steamer Collective, LLC v KeyBank N.A. , 163 AD3d at 761 [internal quotation marks omitted]). "'A judgment of foreclosure and sale is final as to all questions at issue between the parties, and concludes all matters of defense which were or could have been litigated in the foreclosure action'" ( Eaddy v US Bank N.A. , 180 AD3d at 758 , quoting Ciraldo v JP Morgan Chase Bank, N.A. , 140 AD3d 912, 913 ; see 83-17 Broadway Corp. v Debcon Fin.

12023–2023
Malgeo Construction Corp. v. Oehlrich neutral
nyappdiv · 2002
1 sentence

2018Corp. v Oehlrich , 292 AD2d 429, 430 , quoting Long Is.

12018–2018
Robbins v. Growney green
nyappdiv · 1996
1 sentence

1998The doctrine bars further litigation between the same parties on the same cause of action (see, Matter of Hodes v Axelrod, 70 NY2d 364 ), and is applicable to a judgment taken by default that has not been vacated (Robbins v Growney, 229 AD2d 356, 357 ).

11998–1998
Hodes v. Axelrod green
ny · 1987
1 sentence

1998The doctrine bars further litigation between the same parties on the same cause of action (see, Matter of Hodes v Axelrod, 70 NY2d 364 ), and is applicable to a judgment taken by default that has not been vacated (Robbins v Growney, 229 AD2d 356, 357 ).

11998–1998
County of Nassau v. New York State Public Employment Relations Board green
ny · 1990
1 sentence

1996Relations Bd. ( 151 AD2d 168, 185-186 , affd 76 NY2d 579 ) we formulated the familiar definition of res judicata, or claim preclusion, in the following terms: "The doctrine of res judicata prohibits a party from relitigating any claim which could have been or which should have been litigated in a prior proceeding (see, Hyman v Hillelson, 79 AD2d 725, 726 , affd 55 NY2d 624 ).

11996–1996

Statutes the citing opinions construe

NY § N.Y. General Business Law § 349 (4)

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.

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