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The Transactional Approach to Res Judicata: New York Courts Continue to Enforce Finality
Res judicata, or claim preclusion, is grounded in the principle that disputes, once fully and fairly adjudicated, should not be relitigated. New York courts apply a broad transactional approach to claim preclusion, barring not only claims that were actually litigated in a prior action, but also those that could have been raised in that action.

Jeffrey Haber
Aug 56 min read


Res Judicata: Whether a Nonparty to a Prior Action is In Privity with The Prior Action
In Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 N.Y. Slip Op. 00080 (1st Dept. Jan. 13, 2026), the Appellate Division, First Department, affirmed the dismissal of a complaint under CPLR 3211(a)(5) based on res judicata.

Jeffrey Haber
Jan 148 min read
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