Tuesday, December 6, 2016

The preclusive effect of res judicata.

Practice point:  The doctrine of res judicata precludes a party from relitigating a claim that has been finally adjudicated on the merits. Although, generally, an order granting a motion pursuant to CPLR 3211(a)(7) is not a determination on the merits, such a determination has preclusive effect as to a new complaint for the same cause of action which fails to correct the defect or supply the omission determined to exist in the earlier complaint.

Case:  Blake v. City of New York, NY Slip Op 08036 (2d Dep't November 30, 2016)

Here is the decision.

Tomorrow's issue:  Denial of a motion to join actions.