Under the doctrine of res judicata, 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 they are based upon different theories or seek a different remedy. Dismissal of a federal action without prejudice, including a dismissal on jurisdictional grounds, has no preclusive effect on a subsequent state action. However, a stipulation of discontinuance with prejudice has the same preclusive effect as a judgment on the merits. A voluntary discontinuance with prejudice is narrowly interpreted when the interests of justice or the particular equities involved warrant such an interpretation.
Busher v. Barry, NY Slip Op 00292 (2d Dep't January 24, 2024)
