Sannon-Stamm Associates, Inc. v. Keefe, Bruyette & Woods, Inc.
| Decision Date | 29 December 2009 |
| Docket Number | 106510/08,1910 |
| Citation | 2009 NY Slip Op 9722,68 A.D.3d 678,890 N.Y.S.2d 828 |
| Parties | SANNON-STAMM ASSOCIATES, INC., Appellant, v. KEEFE, BRUYETTE & WOODS, INC., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Appeal from order, Supreme Court, New York County (Jane S. Solomon, J.), entered on or about December 4, 2008, which granted defendant's motion to dismiss the complaint, deemed to be an appeal from judgment, same court and Justice, entered December 9, 2008 (CPLR 5501 [c]), dismissing the complaint, and so considered, the judgment unanimously reversed, on the law, with costs, and the complaint reinstated. [Prior Case History: 2008 NY Slip Op 33263(U).]
The doctrine of res judicata may be invoked in instances of claim splitting to prohibit a plaintiff from bringing an action for only part of his claim; the judgment obtained in that action would preclude him from bringing a second action for the residue of the claim (see Stoner v Culligan, Inc., 32 AD2d 170, 171-172 [1969]).
Here, however, since the issues relating to the nonpayment of the subsequent installments of the placement fee had not matured when the Civil Court action was brought for nonpayment of the first installment of the referral fee, and consequently had never been litigated, this action is not barred by res judicata (see Gelb v Hatton, 128 AD2d 501, 501-502 [1987]).
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...Butyl Ether (“MTBE”) Prods. Liability Litig., 209 F.R.D. 323, 339 (S.D.N.Y.2002); see Sannon–Stamm Assoc., Inc. v. Keefe, Bruyette & Woods, Inc., 68 A.D.3d 678, 890 N.Y.S.2d 828 (1st Dep't 2009) (“The doctrine of res judicata may be invoked in instances of claim splitting to prohibit a plai......
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...Matter of Reilly v. Reid, 45 N.Y.2d 24, 27–31, 407 N.Y.S.2d 645, 379 N.E.2d 172 [1978] ; Sannon–Stamm Assoc., Inc. v. Keefe, Bruyette & Woods, Inc., 68 A.D.3d 678, 678, 890 N.Y.S.2d 828 [1st Dept. 2009] ), and it thus derives its conceptual force from "the principle that the public interest......
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...such issues had not matured at the time of and were never litigated in the prior action. See Sannon Stamm Assocs. Inc. v. Keefe, Bruyette & Woods, Inc., 890 N.Y.S.2d 828 (N.Y. App. Div. 2009) (discussing placement fees); Gelb v. Hatton, 512 N.Y.S.2d 431 (N.Y. App. Div. 1987) (discussing mor......
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Fitness Evolution, L.P. v. Headhunter Fitness, L.L.C., 05-13-00506-CV
...not matured at the time of and were never litigated in the prior action. See Sannon Stamm Assocs. Inc. v. Keefe, Bruyette & Woods, Inc., 890 N.Y.S.2d 828 (N.Y. App. Div. 2009) (discussing placement fees); Gelb v. Hatton, 512 N.Y.S.2d 431 (N.Y. App. Div. 1987) (discussing mortgage payments).......