Res judicata – privity
New York appellate court ruling demonstrates how res judicata prevents relitigation between parties in privity, even when different property owners are involved.
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21 articles by Jason Tenenbaum, Esq.
Avoiding the 120-day rule to make a summary judgment motion
Court ruling shows how defendants can avoid CPLR's 120-day summary judgment rule when motion involves purely legal questions rather than factual disputes.
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Judicial notice of Supreme Court order in the reply brief
Court allows judicial notice of Supreme Court order in reply brief, finding res judicata bars no-fault provider's claims based on prior declaratory judgment action.
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Judgment in declaratory judgment action does not need to rendered against Assignor to be effective
New York court rules judgment in declaratory action bars assignee recovery without direct order against assignor in no-fault insurance case.
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Unpleaded affirmative defense is sufficient
Court rules unpleaded affirmative defenses of collateral estoppel and res judicata can support summary judgment in no-fault cases without surprise or prejudice.
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Supplemental affirmation on a DJ case acceptable and res judicata mandates dismissal of complaint
Court rules supplemental affirmation acceptable in DJ case and res judicata mandates dismissal of no-fault complaint after prior declaratory judgment ruling.
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Back when DJ’s roamed the earth
Ultimate Health Prods. v American Tr. Ins. Co. case analysis on declaratory judgment actions, res judicata, and no-fault insurance coverage disputes in New York courts.
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Notice of Entry is not what some think it means
Court rules Notice of Entry requirement can nullify summary judgment orders in NY no-fault insurance cases, highlighting procedural pitfalls for providers and insurers.
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Collateral estoppel again
Clark v Farmers case explores collateral estoppel doctrine preventing relitigation of serious injury claims in NY no-fault and SUM insurance actions.
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How Huntington/Travelers can play out
Legal strategies for defending multiple no-fault insurance cases from the same assignor after Huntington v. Travelers decision, including special interrogatories tactics.
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This one is wrong
Court incorrectly applies res judicata in no-fault case where different treatment periods and lack of specific findings should prevent collateral estoppel application.
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Understanding Declaratory Judgment Actions and Res Judicata in New York No-Fault Cases
Learn how insurance companies use declaratory judgment actions to avoid paying no-fault benefits. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.
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Court takes judicial notice of Supreme Court declaratory judgment action
Court takes judicial notice of Supreme Court declaratory judgment action with res judicata effect in no-fault insurance dispute (150 chars)
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A declaration of non-coverage is res judicata to the specific date of the accident.
Court rules declaratory judgment on no-fault coverage is res judicata only for specific accident dates listed, not all claims by the same parties.
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Something involving collateral estoppel and prima facie happened here?
Court rules plaintiff failed to establish prima facie case for no-fault insurance recovery, lacking evidence to connect claim forms to prior judgment and proof of unpaid status.
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Understanding Res Judicata in No-Fault Insurance: When Past Decisions Bar Future Claims
Learn how res judicata doctrine affects no-fault insurance litigation in NY. Expert analysis of declaratory judgments and legal barriers for medical providers.
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Collateral estoppel does not preclude an arbitrator from ruling differently from another arbitrator on the same issue
New York Court of Appeals rules that collateral estoppel does not prevent arbitrators from reaching different conclusions on same issues in no-fault vs SUM arbitrations.
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Does this make sense?
New York appellate court ruling reveals surprising disparity between complaint dismissal sanctions and preclusion orders under CPLR 3126, raising constitutional questions.
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Oh, yeah, in the alternative, I would have dismissed the complaint on another ground
Federal court dismissal on alternative grounds doesn't bar subsequent state discrimination claims under res judicata doctrine - NY appellate decision analysis.
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Concerns about the use of a first-party no-fault IME to support a third-party defendant's summary judgment motion
Understanding how no-fault IME findings affect third-party personal injury lawsuits in NY. Expert legal analysis from Long Island attorneys. Call 516-750-0595.
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Can a Declaration of Non-Coverage that Arises from a Co-Defendant's Default be Considered Collateral Estoppel Against the Appearing and Answering Defendant?
Learn about collateral estoppel and privity in NY no-fault insurance cases. Expert analysis of State Farm v. Frias for Long Island & NYC residents facing insurance disputes.
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