Legal Opinion
Rosen v. Kessler
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 2008PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages, in effect, for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated April 24, 2007, which granted the defendant’s motion pursuant to CFLR 3211 (a) (5) to dismiss the complaint on the ground that the action is barred by the doctrine of res judicata.
Ordered that the order is affirmed, with costs.
The doctrine of res judicata precludes the instant action because, inter alia, it arises from the same transactions as a prior action (see Rosen v Watermill Dev. Corp., 1 AD3d 424 [2003]) and, given…
2Cases cited3 opinions
- Vigliotti v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2005
- Fiber Consultants, Inc. v. Fiber Optek Interconnect Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Hart v. JassemAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Board of Managers of the 195 Hudson Street Condominium v. Jeffrey M. Brown Associates, Inc.District Court, S.D. New York · 2009
- American Federated Title Corp. v. GFI Management Services, Inc.District Court, S.D. New York · 2014
- DiMauro v. United, LLCAppellate Division of the Supreme Court of the State of New York · 2014