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, even if based on a different theory or if seeking a different remedy. A party may not remain silent in the first action and then bring a second one on the basis of a preexisting claim for relief that would impair the rights or interests established in the first action.
Bartley v. Morgan, NY Slip Op 06590 (2d Dep't November 26, 2025)
