Legal Opinion
Lamb v. Governor
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 1 opinion
1Opinion of the Court
The Supreme Court properly determined that the plaintiffs’ claims, which were based on the same subject matter as the plaintiffs’ earlier action in federal court, were barred by res judicata (see Matter of ADC Contr. & Constr., Inc. v Town of Southampton, 50 AD3d 1025, 1026 [2008]; Tomasello v Choice Care Long Is., 229 AD2d 527, 528 [1996]). Consequently, the Supreme Court properly granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint (see Uffer v Travelers Cos., Inc., 88 AD3d 690 [2011]).
In light of our determination, we need not reach…
2Cases cited3 opinions
- ADC Contracting & Construction, Inc. v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2008
- Tomasello v. Choice Care Long IslandAppellate Division of the Supreme Court of the State of New York · 1996
- Uffer v. Travelers Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by1 opinion
- Lamb v. Unknown Offs. of the Dept. of Health Mental Hygiene's Offs.Appellate Division of the Supreme Court of the State of New York · 2026