§Why CasetextPricing

IDT Corp., et al., Respondents,v.Tyco Group, S.A.R.L., et al., Appellants.

Brief

65 Cited authorities

  1. Ryan v. New York Tel. Co.

    62 N.Y.2d 494 (N.Y. 1984)   Cited 1,612 times   1 Legal Analyses
    Holding that for an issue to be deemed identical “it must be the point actually to be determined in the second action or proceeding such that a different judgment in the second would destroy or impair rights or interests established by the first.”

  2. Parker v. Blauvelt Volunteer Fire Company, Inc.

    93 N.Y.2d 343 (N.Y. 1999)   Cited 798 times
    Holding that "the termination of the prior article 78 proceeding on the merits was not res judicata as to the section 1983 damage claims" and noting that "res judicata is inapplicable where the plaintiff ‘was unable to ... seek a certain remedy or form of relief in the first action because of the limitations on the subject matter jurisdiction of the courts or restrictions on their authority to entertain ... multiple remedies or forms of relief in a single action, and the plaintiff desires in the second action ... to seek that remedy or form of relief’ " (quoting Restatement (Second) of Judgments § 26(c) )

  3. Beal Sav. Bank v. Sommer

    8 N.Y.3d 318 (N.Y. 2007)   Cited 549 times   3 Legal Analyses
    Holding that a contract should not be interpreted so as to render any portion of it meaningless

  4. In the Matter of Hunter

    4 N.Y.3d 260 (N.Y. 2005)   Cited 525 times
    Concluding that res judicata barred petitioner's claim against executor of estate where prior Surrogate's Court's decree had released executor from all further liability as to matters embraced in the decree, including petitioner's claim

  5. MHR Capital Partners LP v. Presstek, Inc.

    2009 N.Y. Slip Op. 5200 (N.Y. 2009)   Cited 305 times
    Holding that language in an escrow agreement stating that contract documents were not to be released “unless and until” a party executed and agreed to a deal on terms outlined in the agreement was an express condition precedent

  6. Oppenheimer Co. v. Oppenheim

    86 N.Y.2d 685 (N.Y. 1995)   Cited 448 times   5 Legal Analyses
    Holding that obligation by landlord to furnish proof of sale or development was not condition of effective termination where contract merely required that such proof be furnished “ when such notice [of termination] is given”

  7. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.

    61 N.Y.2d 106 (N.Y. 1984)   Cited 501 times
    Holding that without "words of promise" there can be no "breach of contract subjecting the nonfulfilling party to liability for damages"

  8. Matter of Reilly v. Reid

    45 N.Y.2d 24 (N.Y. 1978)   Cited 532 times
    Holding that, “where the same foundation facts serve as a predicate for each proceeding, differences in legal theory and consequent remedy do not create a separate cause of action”

  9. Waldman v. Village of Kiryas Joel

    207 F.3d 105 (2d Cir. 2000)   Cited 236 times
    Holding that res judicata will apply when the new facts are "nothing more than additional instances of what was previously asserted . . . [and the plaintiff] based his [second] action principally upon the common nucleus of operative facts shared with [the previous action]"

  10. Smith v. Russell Sage College

    54 N.Y.2d 185 (N.Y. 1981)   Cited 394 times   1 Legal Analyses
    Holding that whether a factual grouping constitutes a transaction or series of transactions depends on how the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether . . . their treatment as a unit conforms to the parties' expectations or business understanding or usage"