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LANDAU P.C. v. LAROSSA, MITCHELL & ROSS

11 N.Y.3d 8 (2008)

LANDAU, P.C., as Successor, by Change of Name, to MORRIS J. EISEN, P.C., Appellant, et al., Plaintiff, v. LAROSSA, MITCHELL & ROSS, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Bernstein Litowitz Berger & Grossmann LLP New York City (John P Coffey, Max W Berger and Jai K. Chandrasekhar of counsel), Duane Morris LLP (Thomas R. Newman of counsel) and Harrington Henry LLP, for appellant.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to determine whether a judgment dismissing a complaint "without prejudice," on the basis of a corporation's lack of capacity, has res judicata effect on a subsequent action brought by the corporation's successor. We conclude that it does not.

From 1974 until his disbarment in January 1992, Morris J. Eisen was the sole shareholder and managing...

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