Vitarelle v. Vitarelle

“Under the doctrine of res judicata, a final disposition on the merits bars litigation between the same parties of all other claims arising out of the same transaction or out of the same or related facts, even if based upon a different theory involving materially different elements of proof. The rule applies not only to claims litigated but also to claims that could have been raised in the prior litigation” (Matter of City of New York v Schmitt, 50 AD3d 1032, 1033 [2008] [citations omitted]; see Osborne v Rossrock Fund II, L.P., 82 AD3d 727, 727-728 [2011]; Shelley v Silvestre, 66 AD3d 992,…