Friday, March 28, 2014

Res judicata, and the preclusive effect of summary judgment.

Practice point:  Under the doctrine of res judicata, a disposition on the merits bars litigation between the same parties, or those in privity with them, of a cause of action arising out of the same transaction or series of transactions as a cause of action that either was raised or could have been raised in the prior proceeding. It operates to preclude the renewal of issues actually litigated and resolved in a prior proceeding as well as claims for different relief which arise out of the same factual grouping or transaction and which should have or could have been resolved in the prior proceeding.

Student note:  An order granting a summary judgment motion is on the merits and has preclusive effect.

Case:  Cox v. Hubbard, NY Slip Op 01705 (2d Dept. 2014).

 Here is the decision.

Monday's issue:  A cause of action for false arrest or imprisonment.