NRT New York, LLC v Bespoke Real Estate, LLC

Holding The Appellate Division affirmed the dismissal of the plaintiff’s complaint, finding that the claims for breach of contract and fraudulent concealment were barred by collateral estoppel. The court determined that the issues regarding the defendants’ concealment of information were necessarily decided against the plaintiff in a prior action.

The court’s words

precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action

2026 NY Slip Op 05318, at the official text

if the issue in the second action is identical to an issue which was raised, necessarily decided and material in the first action

2026 NY Slip Op 05318, at the official text

causes of action, which were predicated upon allegations that the defendants had improperly withheld or concealed information

2026 NY Slip Op 05318, at the official text

were barred by the doctrine of collateral estoppel

2026 NY Slip Op 05318, at the official text

were necessarily decided against the plaintiff in the May 5, 2020 order granting the prior action defendant's cross-motion

2026 NY Slip Op 05318, at the official text