September 6, 2011

Res judicata.

Practice point: The doctrine gives binding effect to the judgment of a court of competent jurisdiction, and prevents the parties, and those in privity with them, from relitigating any questions that were necessarily decided therein.

Student note: To establish privity, the party raising a res judicata defense must demonstrate a connection between the party to be precluded and a party to the prior action, such that the nonparty's interests can be said to have been previously represented.

Case: Farren v. Lisogorsky, NY Slip Op 06366 (2d Dept. 2011).

Here is the decision.

Tomorrow: Workers’ Compensation Law.