Trapani v. Squitieri

• Citation: 2013 N.Y. Slip Op. 03990,965 N.Y.S.2d 887,107 A.D.3d 696
• Court: New York Supreme Court Appellate Division
• Decision Date: 05 June 2013
• Parties: Louise TRAPANI, appellant, v. Antonina SQUITIERI, respondent, et al., defendant.

107 A.D.3d 696

965 N.Y.S.2d 887

2013 N.Y. Slip Op. 03990

Louise TRAPANI, appellant,

v.Antonina SQUITIERI, respondent, et al., defendant.

Supreme Court, Appellate Division, Second Department, New York.

June 5, 2013.

Kaminsky & Rich, White Plains, N.Y. (Walter L. Rich of counsel), for appellant.

Joseph R. Miano, Harrison, N.Y., for respondent.

In an action, inter alia, for a judgment declaring that the plaintiff is the sole owner of a certain investment account, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered March 27, 2012, which granted the motion of the defendant Antonina Squitieri pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against her on the ground of res judicata.

ORDERED that the order is affirmed, with costs.

In a previous action commenced by the plaintiff, Louise Trapani, against the defendant Antonina Squitieri, the parties entered into a stipulation discontinuing the action with prejudice. Upon the plaintiff's filing of the instant action, Squitieri moved pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against her as barred by the doctrine of res judicata. The Supreme Court properly granted the motion and dismissed the complaint insofar as asserted against Squitieri.

“Under res judicata, or claim preclusion, a valid final judgment bars future actions between the same parties on the same cause of action” ( Parker v. Blauvelt Volunteer Fire Co., 93 N.Y.2d 343, 347, 690 N.Y.S.2d 478, 712 N.E.2d 647;see Pawling Lake Prop. Owners Assn., Inc. v. Greiner, 72 A.D.3d 665, 668, 897 N.Y.S.2d 729). Under “the transactional analysis approach in deciding res judicata issues ..., once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy” ( O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158;see Parker v. Blauvelt Volunteer Fire Co., 93 N.Y.2d at 347, 690 N.Y.S.2d 478, 712 N.E.2d 647). The doctrine bars litigation of a cause of action that either was raised or could have been raised in the prior proceeding ( see Pondview Corp. v. Blatt, 95 A.D.3d 980, 943 N.Y.S.2d 754;Town of Huntington v. Beechwood Carmen Bldg. Corp., 82 A.D.3d 1203, 1206, 920 N.Y.S.2d 198). “A stipulation of discontinuance with prejudice without reservationof right or limitation of the claims disposed of is entitled to preclusive effect under the doctrine of res judicata” ( Town of Huntington v. Beechwood Carmen Bldg. Corp., 82 A.D.3d at 1206, 920 N.Y.S.2d 198 [internal quotation marks omitted]; see Liberty Assoc. v. Etkin, 69 A.D.3d 681, 682–683, 893 N.Y.S.2d 564).

Here, the stipulation of discontinuance with prejudice was unambiguous and the plaintiff failed to...