claim preclusion doctrine in New York

11 New York opinions name it 4 courts 1978–2023 2 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 (5)

Case	Followed	Cited
O'Brien v. City of Syracusegreen ny · 1981 · cited in 1 New York opinions naming this issue, 2021–2021 1 sentence 2021We have consistently applied a “transactional analysis approach” in determining whether an earlier judgment has claim preclusive effect, such that “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 [1981] [emphasis added]; see e.g.	1	1
State v. Ellisgreen conn · 1985 · cited in 1 New York opinions naming this issue, 2001–2001 2 sentences 2001Connecticut has recognized, however, “that the mere explication of the doctrine of claim preclusion does not resolve all difficulties which may appear at the point of application” (State v Ellis, 197 Conn 436, 463, 497 A2d 974, 988 ). 2001Connecticut has recognized, however, “that the mere explication of the doctrine of claim preclusion does not resolve all difficulties which may appear at the point of application” (State v Ellis, 197 Conn 436, 463, 497 A2d 974, 988 ).	1	1
Orselet v. DeMatteogreen conn · 1988 · cited in 1 New York opinions naming this issue, 2001–2001 2 sentences 2001The doctrine of claim preclusion “bars not only subsequent relitigation of a claim previously asserted, but subsequent relitigation of ‘any claims relating to the same cause of action which were actually made or which might have been made’” (Isaac v Truck Serv., 253 Conn 416, 421, 752 A2d 509, 512 [citing Orselet v DeMatteo, 206 Conn 542, 545, 539 A2d 95, 97 ]). 2001The doctrine of claim preclusion “bars not only subsequent relitigation of a claim previously asserted, but subsequent relitigation of ‘any claims relating to the same cause of action which were actually made or which might have been made’” (Isaac v Truck Serv., 253 Conn 416, 421, 752 A2d 509, 512 [citing Orselet v DeMatteo, 206 Conn 542, 545, 539 A2d 95, 97 ]).	1	1
Isaac v. Truck Service, Inc.green conn · 2000 · cited in 1 New York opinions naming this issue, 2001–2001 2 sentences 2001The doctrine of claim preclusion “bars not only subsequent relitigation of a claim previously asserted, but subsequent relitigation of ‘any claims relating to the same cause of action which were actually made or which might have been made’” (Isaac v Truck Serv., 253 Conn 416, 421, 752 A2d 509, 512 [citing Orselet v DeMatteo, 206 Conn 542, 545, 539 A2d 95, 97 ]). 2001The doctrine of claim preclusion “bars not only subsequent relitigation of a claim previously asserted, but subsequent relitigation of ‘any claims relating to the same cause of action which were actually made or which might have been made’” (Isaac v Truck Serv., 253 Conn 416, 421, 752 A2d 509, 512 [citing Orselet v DeMatteo, 206 Conn 542, 545, 539 A2d 95, 97 ]).	1	1
Statter v. Stattergreen ny · 1957 · cited in 1 New York opinions naming this issue, 1978–1978 1 sentence 1978One might reasonably conclude, even accepting petitioner’s verbalized distinctions between his two "causes of action”, that the first proceeding, seeking transfer to a new position, necessarily assumed the validity of the abolition of the old position (see Statter v Statter, 2 NY2d 668, 672).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (22)

Case	Cited	Years
Phillips v.Picker International, Inc. green nyappdiv · 1992 1 sentence 2023Based on the foregoing, we conclude that "[t]his is precisely the type of repetitive litigation the doctrine of claim preclusion is designed to avoid" ( Matter of Reilly v Reid , 45 [*3]NY2d 24, 31 [1978]), and that the court properly dismissed the complaint based on the doctrine of claim preclusion ( see Parris , 276 AD2d at 762 ; Koether , 213 AD2d at 380-381 ; O'Connell , 179 AD2d at 1057-1058 ).	1	2023–2023
Koether v. Generalow green nyappdiv · 1995 1 sentence 2023Based on the foregoing, we conclude that "[t]his is precisely the type of repetitive litigation the doctrine of claim preclusion is designed to avoid" ( Matter of Reilly v Reid , 45 [*3]NY2d 24, 31 [1978]), and that the court properly dismissed the complaint based on the doctrine of claim preclusion ( see Parris , 276 AD2d at 762 ; Koether , 213 AD2d at 380-381 ; O'Connell , 179 AD2d at 1057-1058 ).	1	2023–2023
Pearlman v. Simons green nyappdiv · 2000 1 sentence 2023Based on the foregoing, we conclude that "[t]his is precisely the type of repetitive litigation the doctrine of claim preclusion is designed to avoid" ( Matter of Reilly v Reid , 45 [*3]NY2d 24, 31 [1978]), and that the court properly dismissed the complaint based on the doctrine of claim preclusion ( see Parris , 276 AD2d at 762 ; Koether , 213 AD2d at 380-381 ; O'Connell , 179 AD2d at 1057-1058 ).	1	2023–2023
Paramount Pictures Corp. v. Allianz Risk Transfer AG green nycterr · 2018 1 sentence 2023With respect to the third condition, we agree with defendants that plaintiffs' claims in the present action are sufficiently related to their claims in the prior action so as to preclude the present action under the doctrine of claim preclusion ( see id. at 79 ).	1	2023–2023
Chase Manhattan Bank, N.A. v. Celotex Corporation and U.S. Mineral Products Company, Dana Corporation green ca2 · 1995 1 sentence 2018Found. , 402 U.S. 313 , 323-324, 91 S.Ct. 1434 , 28 L.Ed.2d 788 [1971] ; Allen , 449 U.S. at 94 , 101 S.Ct. 411 ; Chase Manhattan Bank, N.A. v. Celotex Corp. , 56 F.3d 343 , 345-346 [2d Cir. 1995] ).	1	2018–2018
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation green scotus · 1971 2 sentences 2018Found. , 402 U.S. 313 , 323-324, 91 S.Ct. 1434 , 28 L.Ed.2d 788 [1971] ; Allen , 449 U.S. at 94 , 101 S.Ct. 411 ; Chase Manhattan Bank, N.A. v. Celotex Corp. , 56 F.3d 343 , 345-346 [2d Cir. 1995] ). 2018Found. , 402 U.S. 313 , 323-324, 91 S.Ct. 1434 , 28 L.Ed.2d 788 [1971] ; Allen , 449 U.S. at 94 , 101 S.Ct. 411 ; Chase Manhattan Bank, N.A. v. Celotex Corp. , 56 F.3d 343 , 345-346 [2d Cir. 1995] ).	1	2018–2018
Allen v. McCurry green scotus · 1980 2 sentences 2018Found. , 402 U.S. 313 , 323-324, 91 S.Ct. 1434 , 28 L.Ed.2d 788 [1971] ; Allen , 449 U.S. at 94 , 101 S.Ct. 411 ; Chase Manhattan Bank, N.A. v. Celotex Corp. , 56 F.3d 343 , 345-346 [2d Cir. 1995] ). 2018Found. , 402 U.S. 313 , 323-324, 91 S.Ct. 1434 , 28 L.Ed.2d 788 [1971] ; Allen , 449 U.S. at 94 , 101 S.Ct. 411 ; Chase Manhattan Bank, N.A. v. Celotex Corp. , 56 F.3d 343 , 345-346 [2d Cir. 1995] ).	1	2018–2018
Symone T. v. Lieber green nyappdiv · 1994 1 sentence 1996However, it is axiomatic that this Court may affirm an order which is itself correctly made, even though the rationale relied upon by the Supreme Court may not have been correct (see, e.g., Campbell v Village of Greenwood Lake, 222 AD2d 885 ; Oistacher v Rosenblatt, 220 AD2d 493 ; Symone T. v Lieber, 205 AD2d 609 ).	1	1996–1996
Oistacher v. Rosenblatt green nyappdiv · 1995 1 sentence 1996However, it is axiomatic that this Court may affirm an order which is itself correctly made, even though the rationale relied upon by the Supreme Court may not have been correct (see, e.g., Campbell v Village of Greenwood Lake, 222 AD2d 885 ; Oistacher v Rosenblatt, 220 AD2d 493 ; Symone T. v Lieber, 205 AD2d 609 ).	1	1996–1996
Campbell v. Village of Greenwood Lake neutral nyappdiv · 1995 1 sentence 1996However, it is axiomatic that this Court may affirm an order which is itself correctly made, even though the rationale relied upon by the Supreme Court may not have been correct (see, e.g., Campbell v Village of Greenwood Lake, 222 AD2d 885 ; Oistacher v Rosenblatt, 220 AD2d 493 ; Symone T. v Lieber, 205 AD2d 609 ).	1	1996–1996
O'Connor v. G & R Packing Co. green nyappdiv · 1980 1 sentence 1993We also find that the doctrine of claim preclusion, as applied with reference to the earlier judgment of the District Court, does not require a contrary finding (see, e.g., O’Conner v G & R Packing Co., 74 AD2d 37, 45 , affd 53 NY2d 278 ).	1	1993–1993
O'Connor v. G&R Packing Co. green ny · 1981 1 sentence 1993We also find that the doctrine of claim preclusion, as applied with reference to the earlier judgment of the District Court, does not require a contrary finding (see, e.g., O’Conner v G & R Packing Co., 74 AD2d 37, 45 , affd 53 NY2d 278 ).	1	1993–1993
Capital Telephone Co. v. Pattersonville Telephone Co. green ny · 1982 1 sentence 1985Co., 56 NY2d 11, 17-18 ; emphasis supplied).” Examination of the res judicata estoppel issue herein shows that it is actually a question of issue preclusion since the claim preclusion factors of merger and bar are clearly not applicable.	1	1985–1985
Good Health Dairy Products Corp. v. Emery green ny · 1937 1 sentence 1983Corp. of Rochester v Emery, 275 NY 14, 18 ; Gramatan Home Investors Corp. v Lopez, 46 NY2d 481, 485 , supra).	1	1983–1983
Kennedy v. . City of New York green ny · 1909 1 sentence 1983This could be claim splitting barring recovery under the doctrine of claim preclusion (see Restatement, Judgments 2d, §§ 24, 59, subds [1], [3], and Illustration 3; cf. 930 Fifth Corp. v King, 42 NY2d 886 ; Century Factors v New Plan Realty Corp., 41 NY2d 1040 ; Kennedy v City of New York, 196 NY 19 ; Columbia Corrugated Container Corp. v Skyway Container Corp., 37 AD2d 845 , 32 NY2d 818 ).	1	1983–1983
Columbia Corrugated Container Corp. v. Skyway Container Corp. green nyappdiv · 1971 1 sentence 1983This could be claim splitting barring recovery under the doctrine of claim preclusion (see Restatement, Judgments 2d, §§ 24, 59, subds [1], [3], and Illustration 3; cf. 930 Fifth Corp. v King, 42 NY2d 886 ; Century Factors v New Plan Realty Corp., 41 NY2d 1040 ; Kennedy v City of New York, 196 NY 19 ; Columbia Corrugated Container Corp. v Skyway Container Corp., 37 AD2d 845 , 32 NY2d 818 ).	1	1983–1983
Columbia Corrugated Container Corp. v. Skyway Container Corp. green ny · 1973 1 sentence 1983This could be claim splitting barring recovery under the doctrine of claim preclusion (see Restatement, Judgments 2d, §§ 24, 59, subds [1], [3], and Illustration 3; cf. 930 Fifth Corp. v King, 42 NY2d 886 ; Century Factors v New Plan Realty Corp., 41 NY2d 1040 ; Kennedy v City of New York, 196 NY 19 ; Columbia Corrugated Container Corp. v Skyway Container Corp., 37 AD2d 845 , 32 NY2d 818 ).	1	1983–1983
930 Fifth Corp. v. King green ny · 1977 1 sentence 1983This could be claim splitting barring recovery under the doctrine of claim preclusion (see Restatement, Judgments 2d, §§ 24, 59, subds [1], [3], and Illustration 3; cf. 930 Fifth Corp. v King, 42 NY2d 886 ; Century Factors v New Plan Realty Corp., 41 NY2d 1040 ; Kennedy v City of New York, 196 NY 19 ; Columbia Corrugated Container Corp. v Skyway Container Corp., 37 AD2d 845 , 32 NY2d 818 ).	1	1983–1983
Gramatan Home Investors Corp. v. Lopez green ny · 1979 1 sentence 1983Corp. of Rochester v Emery, 275 NY 14, 18 ; Gramatan Home Investors Corp. v Lopez, 46 NY2d 481, 485 , supra).	1	1983–1983
Esteves v. Somco Fuel, Inc. neutral nyappdiv · 1978 1 sentence 1980However, since all the facts regarding the making and the breach of the contracts were relevant to both actions and were actually litigated in the first action, claim preclusion would ordinarily apply to bar the legal theory of the second action because it could, and should, have been asserted in the first (see Cowan & Co. v National Bank of North Amer., 64 AD2d 603 ; Matter of Forst v Wohl, 67 AD2d 729 , app dsmd 48 NY2d 753 ).	1	1980–1980
Forst v. Wohl neutral nyappdiv · 1979 1 sentence 1980However, since all the facts regarding the making and the breach of the contracts were relevant to both actions and were actually litigated in the first action, claim preclusion would ordinarily apply to bar the legal theory of the second action because it could, and should, have been asserted in the first (see Cowan & Co. v National Bank of North Amer., 64 AD2d 603 ; Matter of Forst v Wohl, 67 AD2d 729 , app dsmd 48 NY2d 753 ).	1	1980–1980
Rorie v. Woodmere Academy neutral ny · 1979 1 sentence 1980However, since all the facts regarding the making and the breach of the contracts were relevant to both actions and were actually litigated in the first action, claim preclusion would ordinarily apply to bar the legal theory of the second action because it could, and should, have been asserted in the first (see Cowan & Co. v National Bank of North Amer., 64 AD2d 603 ; Matter of Forst v Wohl, 67 AD2d 729 , app dsmd 48 NY2d 753 ).	1	1980–1980

Where else courts name it

CA 72 (1993–2026) WI 55 (1996–2026) TN 54 (1996–2025) OR 40 (1990–2024) OH 34 (1999–2026) MA 26 (1993–2025) CO 26 (1993–2025) AZ 21 (2006–2024) OK 19 (1994–2023) UT 18 (1994–2024) IA 17 (1983–2021) NM 17 (1994–2023) VT 16 (1989–2026) NV 14 (2007–2023) CT 13 (1994–2016) WA 13 (1995–2026) NY 11 (1978–2023) DC 10 (1989–2019) TX 10 (2001–2017) ID 10 (1985–2025) MD 9 (2003–2015) NE 8 (2017–2026) KS 7 (1988–2026) ME 7 (2001–2024) MT 6 (1999–2021) MS 6 (2001–2012) DE 6 (2012–2022) MO 5 (2006–2022) IN 5 (1986–2026) LA 4 (1995–2026) PA 4 (1998–2019) MI 3 (1998–2016) FL 3 (1993–2007) NJ 3 (1998–2017) NH 3 (2015–2020) AL 3 (1998–2008) IL 2 (1997–1997) VA 2 (2015–2015) AR 2 (1988–1994) KY 2 (2011–2022) AK 2 (2005–2025) NC 2 (2009–2018)

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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