What is the test for a final conclusion in a claim for damages arising out of the same transaction or series of transactions?

"New York", United States of America

The following excerpt is from Bonham Strand LLC v. Paredes, 58 Misc.3d 669, 68 N.Y.S.3d 831 (N.Y. Cty. Ct. 2017):

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....[H]aving been brought to a final conclusion, no other claim may be predicated upon the same incidents" O'Brien v. Syracuse , 54 N.Y.2d 353 at 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158 (1981) (internal citations omitted).

[58 Misc.3d 675]

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