Practice point: A final disposition on the merits bars litigation between the same parties on any other claims arising from the same transaction or the same or related facts, even if based upon a different theory involving different elements of proof.
Practitioners should note that the rule applies also to claims that could have been raised in the prior litigation.
Case: Shelley v. Silvestre, NY Slip Op 07822 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
