Summary
ruling on summary judgment constitutes final determination
Summary of this case from Youngman v. Yucaipa Am. All. Fund I, L.P. (In re Ashinc Corp.)Opinion
December 5, 1991
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
In 1980, plaintiff submitted a one page proposal to defendant for a half-hour weekly series entitled "Father's Day" about an African-American middle-class family. Upon request, he fleshed out the concept and submitted a two page proposal suggesting, inter alia, that comedian Bill Cosby play the lead. The proposal was returned with an explanation that defendant was not interested. In 1984, The Cosby Show aired. Plaintiff wrote to defendant claiming that the show had been derived from his proposal, but defendant responded that the proposal had played no role in developing the show.
Plaintiff thereupon commenced an action in the United States District Court for the Southern District of New York against defendant and others seeking a declaration that he was the owner of all rights to The Cosby Show, an injunction, an accounting and damages, both compensatory and punitive. After discovery, defendant moved for summary judgment dismissing the complaint, which motion was granted upon a finding that the proposal was not sufficiently novel to be entitled to protection under New York law. A judgment dismissing the action was affirmed and both a request for a rehearing and a petition for a writ of certiorari were subsequently denied (Murray v National Broadcasting Co., 671 F. Supp. 236, affd 844 F.2d 988, cert denied 488 U.S. 955).
Plaintiff thereafter commenced this action in the New York State Supreme Court seeking identical relief to that sought in the Federal action upon a variety of theories, some of which had been expressly raised in the Southern District and some of which had not. Defendant moved in Federal court to enjoin the State court action and plaintiff, in turn, moved in the IAS court to enjoin defendant's motion in the Southern District. The Federal court granted defendant's motion to the extent of enjoining plaintiff from prosecuting State court claims for misappropriation, conversion, breach of implied contract, unjust enrichment and fraud (Murray v National Broadcasting Co., 718 F. Supp. 249). It declined to enjoin the claims for negligence, unfair competition, and racial discrimination under the New York Constitution, since these claims, although clearly barred by res judicata, had not been expressly asserted in the prior litigation and therefore were precluded from injunction by the Anti-Injunction Act ( 28 U.S.C. § 2283).
The IAS court subsequently denied plaintiff's motion for an injunction but granted him leave to file a second amended complaint in which he set forth causes of action for negligence, a constructive trust, unfair competition and racial discrimination. In this complaint, plaintiff characterized the proposal which is the subject of this litigation as "quasi-property," rather than property.
Defendant moved pursuant to CPLR 3211 to dismiss the second amended complaint based on the doctrines of res judicata, collateral estoppel, statute of limitations and Federal preemption. Plaintiff cross-moved to dismiss the defenses and for summary judgment. The IAS court granted defendant's motion to dismiss, finding that the action arose out of the same transaction as did the Federal court action and that the causes of action presently asserted were barred by the doctrine of res judicata since they could have been raised in that earlier action. The final judgment which was entered by the IAS court dismissing the action with prejudice is the subject of the instant appeal.
Plaintiff contends that the IAS court erred in finding that his claims were barred by the doctrine of res judicata. The law is to the contrary. "A final judgment on the merits of an action precludes the parties * * * from relitigating issues that were or could have been raised in that action" (Federated Dept. Stores v Moitie, 452 U.S. 394, 398). "[O]nce 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). Here, there is no question that the granting of summary judgment dismissing the complaint in the Southern District was an adjudication on the merits and therefore entitled to res judicata effect (see, Hubicki v ACF Indus., 484 F.2d 519; Fed Rules Civ Pro, rule 41 [b]; see also, Strange v Montefiore Hosp. Med. Center, 59 N.Y.2d 737). Moreover, it is clear that the causes of action presented in the second amended complaint arose out of precisely the same facts presented in the Federal action and could have been raised therein. Plaintiff's use of the term "quasi-property" to characterize the proposal which he claims was wrongfully appropriated by defendant in no way obviates the effect of the Federal judgment. Nor does the fact that plaintiff now raises equitable claims require a different conclusion, since res judicata bars all subsequent claims arising out of the same transaction, whether in law or in equity, regardless of whether the prior action asserted legal claims only (see, Furman v Furman, 178 Misc. 582, 585, affd 262 App. Div. 512, affd 287 N.Y. 772). Accordingly, the IAS court properly dismissed the instant action with prejudice.
We also find that the court was within its discretion in refusing to recuse itself, as there was no showing of a relationship between the court and any of the parties or counsel (see, e.g., Corradino v Corradino, 48 N.Y.2d 894), or any showing of personal interest or extra-judicial bias (see, Matter of Johnson v Hornblass, 93 A.D.2d 732).
Concur — Carro, J.P., Ellerin, Wallach, Ross and Rubin, JJ.