Bransten in March, 2002.
Plaintiffs then commenced the instant action.
Discussion
It is well accepted law in this State that where a claim has been litigated
and brought to a final conclusion, subsequent claims that are "coterminous
with the transaction or series of transactions from which the earlier claims
arose," are barred under the doctrine of res judicata (Couri v.
Westchester Country Club, Inc.,186 A.D.2d 715, 716 [2nd Dept.
1992]; Smith v. Russell Sage College, 54 N.Y.2d 185 [1981]; Boronow v.
Boronow 71 N.Y.2d 284 [1988]). A claim will be similarly barred where the
cause of action states a separate claim on the same facts, but for different
relief or under different legal theory (O’Brien v. City of Syracuse, 54
N.Y.2d 353, 357 (1981); Matter of Reilly v. Reid, 45 N.Y.2d 24 [1978]).
The gravamen of
Plaintiffs’ Complaint involves claims of fraud, breach of fiduciary duty,
breach of contract, negligence and legal malpractice. Although plaintiffs
contend that the instant complaint is not barred by the doctrine of res
judicata, the allegations contained within the Complaint, most notably
within the first and second causes of action, admittedly arise directly from the
settlement of the original malpractice action. Consequently, all of plaintiffs’
claims made in the instant matter have either
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