Herrick v. Lyon

In an action to recover legal fees, the defendant appeals, as limited by her brief, from so much of an order of the Supreme *664Court, Nassau County (Woodard, J.), entered November 7, 2005, as denied that branch of her motion which was, in effect, to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) on the ground that the action is barred by the doctrine of res judicata.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the judgment entered in this matter following her prior successful appeal was not a final adjudication of…