Practice point: The doctrine precludes the relitigation of issues that could have or should have been raised in a prior proceeding stemming from the same factual grouping or transaction.
Practitioners should note that, where the same foundational facts serve as a predicate for two proceedings, differences in legal theory or relief sought do not create a separate cause of action.
Case: Greaves v. Ortiz, NY Slip Op 06508 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
