Wednesday, May 11, 2016

The doctrine of res judicata.

Practice point: 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. The rule applies not only to claims actually litigated but also to claims that could have been raised in the prior litigation. The rationale underlying this principle is that a party who has been given a full and fair opportunity to litigate a claim should not be allowed to do so again.

Student note:  The doctrine of collateral estoppel is a narrower species of res judicata. It bars relitigation of an issue which has necessarily been decided in a prior action and is decisive of the present action if there has been a full and fair opportunity to contest the decision now said to be controlling.

Case:  Ashley v. Ashley, NY Slip Op 03460 (2d Dep't 2016)

Here is the decision.

Tomorrow's issue:  A fall on a stairway, and a denied summary judgment motion.