Legal Opinion

Serio v. Town of Islip

Appellate Division of the Supreme Court of the State of New York

Decided August 2, 2011PublishedCited by 2 opinions

1Opinion of the Court

“ ‘[T]he general doctrine of res judicata gives binding effect to the judgment of a court of competent jurisdiction and prevents the parties to an action, and those in privity with them, from subsequently re-litigating any questions that were necessarily decided therein’ ” (Landau, P.C. v LaRossa, Mitchell & Ross, 11 NY3d 8, 13 [2008], quoting Matter of Grainger [Shea Enters.], 309 NY 605, 616 [1956]; see Toscano v 4B’s Realty VIII Southampton Brick & Tile, LLC, 84 AD3d 780 [2011]). Under New York’s transactional approach to res judicata, “once a claim is brought to a final conclusion, all…

2Cases cited5 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Landau, P.C. v. LaRossa, Mitchell & RossNew York Court of Appeals · 2008
  3. In re the Accounting of RafteryNew York Court of Appeals · 1956
  4. Toscano v. 4B's Realty VIII Southampton Brick & TileAppellate Division of the Supreme Court of the State of New York · 2011
  5. Fogel v. OelmannAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by2 opinions

  1. Carter v. Walt Whitman New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  2. Carter v. Walt Whitman New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API