Does a dismissal on statute-of-limitations constitute a decision on the merits of res judicata?

MultiRegion, United States of America

The following excerpt is from EFCO Corp. v. U.W. Marx, Inc., 124 F.3d 394 (2nd Cir. 1997):

While New York regards a dismissal on statute-of-limitations grounds as a decision "on the merits" for res judicata purposes, that is only half the analysis. Under the transactional-analysis approach to res judicata, "once 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, 445 N.Y.S.2d 687, 688, 429 N.E.2d 1158, 1159 (1981).

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