On November 12, 2025, the Second Department issued a decision in Wymara Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 06220, holding that res judicata applies even when new facts come to light regarding a previously-litigated claim . . . Continue reading Res Judicata Applies Even When New Facts Come to Light
On October 8, 2025, the Second Department issued a decision in Babad v. Oratz, 2025 NY Slip Op. 05490, holding that collateral estoppel does not bar a claim based on facts discovered after judgment in the earlier case . . . Continue reading Collateral Estoppel Does Not Bar Claim Based on Facts Discovered After Judgment in Earlier Case
On February 27, 2024, the First Department issued a decision in Shaoul v. Komolov, 2024 NY Slip Op. 00989, holding that a party in privity with the parties in a prior action was barred by res judicata from relitigating issues decided in that action . . . Continue reading Party in Privity With Parties in Prior Action Barred from Relitigating Issues
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
