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RES JUDICATA PRECLUDED CLAIMS WHICH COULD HAVE BEEN RAISED IN A PRIOR PROCEEDING (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the causes of action for tortious interference with contract and tortious interference with business relations against defendant JAZ were precluded by the doctrine of res judicata:

“Under res judicata, or claim preclusion, a valid final judgment bars future actions between the same parties on the same cause of action” … . “One linchpin of res judicata is an identity of parties actually litigating successive actions against each other: the doctrine applies only when a claim between the parties has been previously brought to a final conclusion” … . “The doctrine of res judicata operates to preclude the reconsideration of claims actually litigated and resolved in a prior proceeding, as well as claims for different relief against the same party which arise out of the same factual grouping or transaction, and which should have or could have been resolved in the prior proceeding” … . “A pragmatic test has been applied to make this determination—analyzing whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties’ expectations or business understanding or usage” … .

Here, the tortious interference with contract and tortious interference with business relations causes of action insofar as asserted against JAZ in this action could have been raised in the prior action, which arose out of the same transaction or series of transactions as those presented in this action … . Jacobson Dev. Group, LLC v Grossman, 2021 NY Slip Op 05851, Second Dept 10-27-21

 

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