Category: Res Judicata/Collateral Estoppel

On November 22, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Knowyourmeme.com Network, Inc. v. Elraviv, 2021 NY Slip Op. 51110(U), holding that the interpretation of a forum selection clause in an earlier action was binding on the plaintiff in a new action, even though the new action included new defendants . . . Continue reading Interpretation of Forum Selection Clause in Earlier Action Bringing on Plaintiff in New Action That Included New Parties

On October 27, 2021, the Second Department issued a decision in Jacobson Dev. Group, LLC v. Grossman, 2021 NY Slip Op. 05851, holding that res judicata applies to claims that could have been brought in a prior action but were not . . . Continue reading Res Judicata Applies to Claims that Could Have Been Brought in Prior Action but Were Not

On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski, 2021 NY Slip Op. 05165, holding that a defendant did not waive a collateral estoppel defense when it showed during the litigation that it intended to assert it . . . Continue reading Defendant Did Not Waive Defense When It Showed During Litigation That it Intended to Assert it

On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski, 2021 NY Slip Op. 05165, holding that a guarantor is bound by a decision in an action in which the borrower, not the guarantor, was a party . . . . Continue reading Loan Guarantor Bound by Decision in Separate Action in Which Only the Borrower was a Party