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Dismissal Under Doctrine of Res Judicata Affirmed

The Second Department affirmed the dismissal of the complaint under the doctrine of res judicata and succinctly explained the underlying principles:

“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” … . “The fact that causes of action may be stated separately, invoke different legal theories, or seek different relief will not permit relitigation of claims” … . Here, the plaintiff’s claims … arose out of the same series of transactions as those at issue in a prior action …, and were, or could have been, raised in that prior action, which was disposed of on the merits in an order of the Supreme Court … . Harris v City of New York, 2014 NY Slip Op 06945, 2nd Dept 10-15-14

 

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IN THIS REAR-END COLLISION CASE, THE DRIVER OF THE REAR VEHICLE ALLEGED THE OTHER VEHICLE CHANGED LANES ABRUPTLY AND CAME TO A STOP IN FRONT OF HIM; THAT CONSTITUTED A NON-NEGLIGENT EXPLANATION WHICH RAISED A QUESTION OF FACT (SECOND DEPT). ​
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