McMahan & Co. v. Bass

—Order, Supreme Court, New York County (Charles Ramos, J.), entered October 17, 1997, which, to the extent appealed from as limited by plaintiffs’ brief, denied plaintiffs’ motion to dismiss defendants-respondents’ first counterclaim as barred by the doctrine of res judicata, unanimously affirmed, with costs.

Given that an overarching concern in applying the doctrine of res judicata is for fairness (see, Matter of Hodes v Axelrod, 70 NY2d 364, 374), we find that the issues posed by the instant litigation, as limited by the prior decision of this Court (see, McMahan & Co. v Bass, 250 AD2d 460)…