Barbieri v. Bridge Funding, Inc.
Decision Date | 08 March 2004 |
Docket Number | 2002-08311. |
Citation | 5 A.D.3d 414,2004 NY Slip Op 01520,772 N.Y.S.2d 610 |
Parties | LOUIS BARBIERI, Appellant, v. BRIDGE FUNDING, INC., et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with one bill of costs.
Under the doctrine of res judicata, a disposition on the merits bars litigation between the same parties or those in privity with them of a cause of action arising out of the same transaction or series of transactions as a cause of action that either was raised or could have been raised in the prior action (see Ciancimino v Town of E. Hampton, 266 AD2d 331, 332 [1999]; McNeary v Senecal, 197 AD2d 835, 836 [1993]). Here, the plaintiff was in privity with the parties in prior actions (see Green v Santa Fe Indus., 70 NY2d 244, 254 [1987]; Watts v Swiss Bank Corp., 27 NY2d 270, 277 [1970]; Matter of Slocum v Joseph B., 183 AD2d 102, 104-105 [1992]), and the plaintiff's claims were raised or could have been raised in the prior actions which were disposed of on the merits.
In light of our determination, we do not reach the plaintiff's remaining contentions.
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