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LAU v. CAPITAL ONE BANK

63 A.D.3d 641 (2009)

880 N.Y.S.2d 861

GILBERT LAU, Appellant, v. CAPITAL ONE BANK et al., Defendants, and FORSTER & GARBUS et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2009.

Plaintiff's claims against the defendants named in both the Civil Court and Supreme Court actions are barred by the doctrine of res judicata (see Gramatan Home Invs. Corp. v Lopez, 46 N.Y.2d 481, 485 [1979]), notwithstanding that some of the claims now asserted are based on different theories (see O'Brien v City of Syracuse, 54 N.Y.2d 353, 357 [1981]). Plaintiff is also barred by the doctrine...

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