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December 21, 2021

The doctrines of collateral estoppel and res judicata bar the litigation of the same issue involving the same parties a second time

In the event a plaintiff has been afforded a full and fair opportunity to litigate an issue and loses, the doctrine of collateral estoppel and the doctrine of res judicata both serve to bar  a plaintiff from litigating the same causes of action involving the same parties with respect to those issues decided in a previous proceedings.

Click HERE to access the Appellate Division's ruling in this action.

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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com