RES JUDICATA PRECLUDED RELITIGATION OF CLAIMS ADDRESSED BY COURT
Back in 2019, after JC brought a case in the Queens County Supreme Court to review a determination made by the City of New York, LaGuardia Community College, and CUNY, that he not graduate from a paramedic program, the judge granted the defendants’ dismissal request and denied JC’s motion to amend the complaint. And on appeal, except for its determination that his motion to amend be denied on the merits, the underlying dismissal order was affirmed by the Appellate Division, Second Department.
When he brought a second case in September 2020, again predicated upon the defendants’ determination that he not be permitted to graduate, the defendants moved to dismiss on “res judicata” grounds – alleging that the dispute had already been decided and could not be relitigated. And after the Queens Count Supreme Court agreed that the lawsuit was barred, J.C. filed yet another appeal.
On review, the AD2 noted that “a party [is precluded] from litigating a 'claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter.’” And given the identicality of the parties and claims, the appellate court concluded that the res judicata bar was appropriately applied here.
Think that’s the end of that?
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DECISION