Vince’s Pizza Plus, Inc. v Dion DeFedericis

Holding The court held that the plaintiff’s claims were not barred by res judicata because New York’s permissive counterclaim rule allows separate claims to be brought in a second action if they do not impair rights established in the first. Additionally, the complaint was timely filed under CPLR 205(a) because it was commenced within six months of the prior action’s termination.

The court’s words

New York does not have a compulsory counterclaim rule

2026 NY Slip Op 04598, at the official text

the permissive counterclaim rule operates to save from the bar of res judicata those claims for separate or different relief

2026 NY Slip Op 04598, at the official text

plaintiff's complaint is not barred by the doctrine of res judicata

2026 NY Slip Op 04598, at the official text

the complaint was timely filed

2026 NY Slip Op 04598, at the official text

the counterclaims that were interposed in the first action were 'terminated' within the meaning of CPLR 205 (a)

2026 NY Slip Op 04598, at the official text