litigation claim in New York

2020The doctrine of res judicata bars the litigation of a claim if, in a former litigation between the parties, or those in privity with them, in which there was a final conclusion, the subject matter and the causes of action are identical or substantially identical ( see Xiao Yang Chen v Fischer , 6 NY3d 94, 100 ; O'Connell v Corcoran , 1 NY3d 179, 184-185 ; Williams v City of Yonkers , 160 AD3d 1017 , 1018-1019).

2018The doctrine of res judicata bars the litigation of a claim or defense if, in a former litigation between the parties, or those in privity with them, in which there was a final conclusion, the subject matter and the causes of action are identical or substantially identical ( see Xiao Yang Chen v Fischer, 6 NY3d 94, 100 ; O'Connell v Corcoran, 1 NY3d 179, 184-185 ).

2023Inasmuch as plaintiffs' complaint does not allege that defendant's attempted extortion was based on threats to testify truthfully, the parties' briefs understandably do not thoroughly examine the relative benefits and detriments of an exception for extortion threats to provide truthful testimony in litigation. [FN3] Consequently, because plaintiffs' complaint only alleges threats to commit perjury—and considering (1) the risk, however small, of increasing the potential for "harassment and fear of financial hazard" for "those discharging a public function" ( Park Knoll at 209) and (2) the litig

2023In its analysis of the applicability of the absolute privilege, the Appellate Division relied upon a line of cases holding that this privilege may be “lost if abused” in certain circumstances (Halperin v Salvan, 117 AD2d 544 , 548 [1st Dept 1986]), for example, if the underlying action was brought with malice (see Lacher v Engel, 33 AD3d 10, 14 [1st Dept 2006]).

2012Moreover, the allegations of looting, when combined with the other allegations of oppression relating to the interests of the Ferolito Trust, are sufficient at this point in the litigation to state a claim for common-law dissolution (see Lewis, 107 AD2d at 932 ).

2012Moreover, the allegations of looting, when combined with the other allegations of oppression relating to the interests of the Ferolito Trust, are sufficient at this point in the litigation to state a claim for common-law dissolution (see Lewis, 107 AD2d at 932 ).

2003The court finds that the interests of justice provide adequate reason to place an appropriate bar on the ability of the named plaintiffs to commence and pursue identical claims before other forums pending a determination of the scope and nature of this litigation and a further order of this court (Reiner v Kane, 9 AD2d 773 [2d Dept 1959], lv denied 9 AD2d 893 [2d Dept 1959]; 67A NY Jur 2d, Injunctions § 117 [“Injunction Against Judicial Proceedings . . .

2003The court finds that the interests of justice provide adequate reason to place an appropriate bar on the ability of the named plaintiffs to commence and pursue identical claims before other forums pending a determination of the scope and nature of this litigation and a further order of this court ( Reiner v Kane , 9 AD2d 773 [2d Dept 1959], lv denied 9 AD2d 893 [2d Dept 1959]; 67A NY Jur 2d, Injunctions § 117 ["Injunction Against Judicial Proceedings . . .

2003The court finds that the interests of justice provide adequate reason to place an appropriate bar on the ability of the named plaintiffs to commence and pursue identical claims before other forums pending a determination of the scope and nature of this litigation and a further order of this court (Reiner v Kane, 9 AD2d 773 [2d Dept 1959], lv denied 9 AD2d 893 [2d Dept 1959]; 67A NY Jur 2d, Injunctions § 117 [“Injunction Against Judicial Proceedings . . .

2003The court finds that the interests of justice provide adequate reason to place an appropriate bar on the ability of the named plaintiffs to commence and pursue identical claims before other forums pending a determination of the scope and nature of this litigation and a further order of this court ( Reiner v Kane , 9 AD2d 773 [2d Dept 1959], lv denied 9 AD2d 893 [2d Dept 1959]; 67A NY Jur 2d, Injunctions § 117 ["Injunction Against Judicial Proceedings . . .

1999“There is no logical end to the litigation inquiry once individual boundaries are crossed.” (Id., at 1061.) Citing Davis v Elandem Realty Co. ( 226 AD2d 419 ) and Wepy v Shen ( 175 AD2d 124 ), defendants argue that an IQ evaluation of the mother is a “logical extension of cases allowing for the disclosure of academic records in cases where there may be a genetic explanation for a child’s cognitive performance or for specific injuries claimed.” There is a vast difference, however, between the disclosure of available academic records and subjecting a party, who has not injected his or her mental

1999“There is no logical end to the litigation inquiry once individual boundaries are crossed.” (Id., at 1061.) Citing Davis v Elandem Realty Co. ( 226 AD2d 419 ) and Wepy v Shen ( 175 AD2d 124 ), defendants argue that an IQ evaluation of the mother is a “logical extension of cases allowing for the disclosure of academic records in cases where there may be a genetic explanation for a child’s cognitive performance or for specific injuries claimed.” There is a vast difference, however, between the disclosure of available academic records and subjecting a party, who has not injected his or her mental

1999“There is no logical end to the litigation inquiry once individual boundaries are crossed.” (Id., at 1061.) Citing Davis v Elandem Realty Co. ( 226 AD2d 419 ) and Wepy v Shen ( 175 AD2d 124 ), defendants argue that an IQ evaluation of the mother is a “logical extension of cases allowing for the disclosure of academic records in cases where there may be a genetic explanation for a child’s cognitive performance or for specific injuries claimed.” There is a vast difference, however, between the disclosure of available academic records and subjecting a party, who has not injected his or her mental

1999“There is no logical end to the litigation inquiry once individual boundaries are crossed.” (Id., at 1061.) Citing Davis v Elandem Realty Co. ( 226 AD2d 419 ) and Wepy v Shen ( 175 AD2d 124 ), defendants argue that an IQ evaluation of the mother is a “logical extension of cases allowing for the disclosure of academic records in cases where there may be a genetic explanation for a child’s cognitive performance or for specific injuries claimed.” There is a vast difference, however, between the disclosure of available academic records and subjecting a party, who has not injected his or her mental

2023Indeed, despite the compulsory language within CPLR § 902, requiring that the court consider the factors therein, most cases simply do not discuss them ( see generally Pludeman , 74 AD3d 420; Ackerman, 52 AD2d 179; Friar , 78 AD2d 83), some only discuss a few of those factors ( Tanzer v Turbodyne Corp. , 68 AD2d 614, 621 [1st Dept 1979] [Court held that because the action brought in New York involved Delware corporations governed by Delaware law, CPLR § 902(4) - "[t]he desirability or undesirability of concentrating the litigation of the claim in the particular forum" - militated against class

2023Indeed, despite the compulsory language within CPLR § 902, requiring that the court consider the factors therein, most cases simply do not discuss them ( see generally Pludeman , 74 AD3d 420 ; Ackerman, 52 AD2d 179 ; Friar , 78 AD2d 83 ), some only discuss a few of those factors ( Tanzer v Turbodyne Corp. , 68 AD2d 614, 621 [1st Dept 1979] [Court held that because the action brought in New York involved Delware corporations governed by Delaware law, CPLR § 902(4) - "[t]he desirability or undesirability of concentrating the litigation of the claim in the particular forum" - militated against cl

2023Indeed, despite the compulsory language within CPLR § 902, requiring that the court consider the factors therein, most cases simply do not discuss them ( see generally Pludeman , 74 AD3d 420; Ackerman, 52 AD2d 179; Friar , 78 AD2d 83), some only discuss a few of those factors ( Tanzer v Turbodyne Corp. , 68 AD2d 614, 621 [1st Dept 1979] [Court held that because the action brought in New York involved Delware corporations governed by Delaware law, CPLR § 902(4) - "[t]he desirability or undesirability of concentrating the litigation of the claim in the particular forum" - militated against class

2023Indeed, despite the compulsory language within CPLR § 902, requiring that the court consider the factors therein, most cases simply do not discuss them ( see generally Pludeman , 74 AD3d 420 ; Ackerman, 52 AD2d 179 ; Friar , 78 AD2d 83 ), some only discuss a few of those factors ( Tanzer v Turbodyne Corp. , 68 AD2d 614, 621 [1st Dept 1979] [Court held that because the action brought in New York involved Delware corporations governed by Delaware law, CPLR § 902(4) - "[t]he desirability or undesirability of concentrating the litigation of the claim in the particular forum" - militated against cl

2023One set of cases, starting with Youmans ( 153 NY 214 ), analyzes whether statements or materials, in "a proceeding before a court," are "'pertinent to the questions involved'" ( Front, Inc. , 24 NY3d at 717 , quoting Youmans , 153 NY at 219 ) and thus whether the absolute litigation privilege obtains, most often in relation to defamation claims ( see e.g.

2023One set of cases, starting with Youmans ( 153 NY 214 ), analyzes whether statements or materials, in "a proceeding before a court," are "'pertinent to the questions involved'" ( Front, Inc. , 24 NY3d at 717 , quoting Youmans , 153 NY at 219 ) and thus whether the absolute litigation privilege obtains, most often in relation to defamation claims ( see e.g.

2023Nussenzweig v diCorcia , 38 AD3d 339, 340 [1st Dept 2007], affd 9 NY3d 184 [2007]). [FN4] Under the circumstances, defendant's invocation of the absolute privilege for statements made in and pertinent to a judicial proceeding to immunize the conduct alleged constitutes abuse of the privilege.

2023Nussenzweig v diCorcia , 38 AD3d 339, 340 [1st Dept 2007], affd 9 NY3d 184 [2007]). [FN4] Under the circumstances, defendant's invocation of the absolute privilege for statements made in and pertinent to a judicial proceeding to immunize the conduct alleged constitutes abuse of the privilege.

2020"An order granting a summary judgment motion is on the merits and has preclusive effect" ( Bayer v City of New York , 115 AD3d 897, 899 ).