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FIRM NEWS | Winter 2016 E-Newsletter |
Montfort, Healy, McGuire & Salley Recently Won Appeal
Based on the Doctrine of Res Judicata
Albanez v. Charles
2015 NY Slip Op 08795
In a recent case, Donald S. Neumann, Jr. of Montfort, Healy, McGuire & Salley successfully represented a client at the Appellate Division, Second Department. The appeal concerned recovery of damages in a personal injury action, as ordered by the Supreme Court. Mr. Neumann represented the defendant/respondent for whom he secured judgment on the grounds of res judicata.
Res judicata is a legal doctrine that bars a claim in a subsequent litigation action if it was already raised, or could have been raised previously. To prevail in precluding a claim based on this doctrine, a party must prove that the "successive litigation [is] based on the same transaction or series of transactions [in that] (i) there is a judgment on the merits rendered by a court of competent jurisdiction, and (ii) the party against whom the doctrine is invoked was a party to the previous action, or in privity with a party who was." See Matter of People v. Applied Card Sys., Inc., 11 NY3d 105, 122.
Although the Supreme Court held that the action brought by the plaintiff was barred based on collateral estoppel (issue preclusion), the Appellate Division affirmed the order on the theory of res judicata instead. In this case, both elements for res judicata were satisfied in that the Supreme Court had already determined the claim was barred and both parties had been involved in the previous action.
To read the decision, click here.
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