Practice point: Once a claim is concluded, all other claims arising out of the same transaction or series of transactions are barred, even if based on different theories or if seeking a different remedy.
Practitioners should note that it is sufficient if it appears from the judgment that the dismissal was on the merits.
Case: QFI, Inc. v. Shirley, NY Slip Op 01632 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Attorney-client privilege.
