Thursday, January 25, 2007

"Turn out the lights, the party's over..."

In Timoney v. Newmark & Co. Real Estate, decided on January 16, 2007, the Second Department invoked res judicata in granting defendant's motion to dismiss. In 1999, plaintiff had brought the action which was dismissed in 2001. In denying leave to renew, the court said, "The plaintiff may not relitigate claims arising from the same transaction or series of transactions, notwithstanding his attempts to allege new facts or theories of recovery."