Partlow v. Kolupa

Mahoney, P. J., and Levine, J.,

dissent and vote to reverse *511in a memorandum by Levine, J. Levine, J. (dissenting). We respectfully dissent. Although New York has adopted the transactional analysis approach of the Restatement (Second) of Judgments (see, Restatement [Second] of Judgments § 24 [1982]) to the doctrine of res judicata (O’Brien v City of Syracuse, 54 NY2d 353, 357; Smith v Russell Sage Coll., 54 NY2d 185, 193; Matter of Reilly v Reid, 45 NY2d 24, 29-30), this broader application of the doctrine makes the caveat even more compelling that "[i]n properly seeking to deny a litigant two…