Practice point: New York has adopted the transactional analysis approach in deciding
the application of the doctrine of res judicata. Under this analysis, once a claim is brought to a final conclusion, all other claims arising
out of the same transaction or series of transactions are barred, even
if based upon different theories or if seeking a different remedy.
Student note: It is not always clear whether
particular claims are part of the same transaction for res judicata
purposes. New York uses a pragmatic' test to make this
determination, analyzing whether the facts are related in time, space,
origin, or motivation, whether they form a convenient trial unit, and
whether their treatment as a unit conforms to the parties' expectations
or business understanding or usage. One linchpin of res judicata is an identity of
parties actually litigating successive actions against each other, and the
doctrine applies only when a claim between the parties has been
previously brought to a final conclusion.
Case: Specialized Realty Servs., LLC v. Maikisch, NY Slip Op 08627 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A time-barred claim and equitable estoppel.
