When Douglas Elliman tried to recover a brokerage commission, the Kings County Supreme Court thought that the claim couldn't be heard because the company should have raised the issue in a prior lawsuit.
On appeal, the Appellate Division, Second Department, agreed that the "doctrine of res judicata" applied and that Douglas Elliman was precluded from raising matters that could have been litigated in an earlier case involving "the same factual grouping or transaction."
That had to bite.
To view a copy of the Appellate Division's decision, please use this link: Douglas Elliman, LLC v. Bergere