Practice point: Under the doctrine of res judicata, a disposition on the merits bars
litigation between the same parties, or those in privity with them, of a
cause of action arising out of the same transaction or series of
transactions as a cause of action that either was raised or could have
been raised in the prior proceeding. It operates to preclude the renewal
of issues actually litigated and resolved in a prior proceeding as well
as claims for different relief which arise out of the same factual
grouping or transaction and which should have or could have been
resolved in the prior proceeding.
Student note: An order granting a summary judgment motion is on the merits and has preclusive effect.
Case: Cox v. Hubbard, NY Slip Op 01705 (2d Dept. 2014).
Here is the decision.
Monday's issue: A cause of action for false arrest or imprisonment.
