Legal Opinion
Uffer v. Travelers Companies, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2011PublishedCited by 3 opinions
1Opinion of the Court
In the instant action, the plaintiffs seek to recover third-party benefits under a policy of insurance issued by the defendant insurer. The plaintiffs contend on this appeal that the Supreme Court erred in holding that the defendant was entitled to the dismissal of the complaint on the ground of res judicata. We reject the plaintiffs’ contention.
*691“Under the doctrine of res judicata, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter. The rule applies not only to claims actually litigated but also…
2Cases cited9 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- In Re the Estate of HunterNew York Court of Appeals · 2005
- Landau, P.C. v. LaRossa, Mitchell & RossNew York Court of Appeals · 2008
- 175 East 74th Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1980
- Pitcock v. Kasowitz, Benson, Torres & Friedman, LLPAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pondview Corp. v. BlattAppellate Division of the Supreme Court of the State of New York · 2012
- Lamb v. GovernorAppellate Division of the Supreme Court of the State of New York · 2011
- Infinity Chiropractic Health, P.C. v. Republic W. Ins. Co.Appellate Terms of the Supreme Court of New York · 2016