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Res Judicata Doctrine Precluded Suit Despite Naming Additional Parties and Alleging Different Causes of Action and Legal Theories

The Second Department determined the doctrine of res judicata precluded plaintiff’s action, notwithstanding the additional parties named (found to be in privity the the parties named in the prior action) and the different causes of action and legal theories alleged:

“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” … . Generally, to establish privity the interests of the nonparty must have been represented by a party in the prior proceeding … . The Court of Appeals has observed that privity is an “amorphous concept,” not easily applied…, but persons in privity include those whose interests are represented by a party to the previous action and those “[whose] own rights or obligations in the subsequent proceeding are conditioned in one way or another on, or derivative of, the rights of the party to the prior litigation” … .”

The fact that causes of action may be stated separately, invoke different legal theories, or seek different relief will not permit relitigation of claims'” … . Thus, the doctrine of res judicata “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” … . In determining whether a factual grouping constitutes a transaction for res judicata purposes, a court must apply a pragmatic test and analyze how the facts are related as to time, space, origin or motivation, whether they form a convenient trial unit and whether treating them as a unit conforms to the parties’ expectations or business understanding … . For the doctrine of res judicata to be applied, there must have been, in the prior proceeding, a final judgment on the merits … . “An order granting a summary judgment motion is on the merits and has preclusive effect” … . Bayer v City of New York, 2014 NY Slip Op 02005, 2nd Dept 3-26-14

 

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