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SANNON-STAMM ASSOCIATES, INC. v. KEEFE, BRUYETTE & WOODS, INC.

1910, 106510/08

68 A.D.3d 678 (2009)

2009 NY Slip Op 9722

890 N.Y.S.2d 828

SANNON-STAMM ASSOCIATES, INC., Appellant, v. KEEFE, BRUYETTE & WOODS, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 29, 2009.

The doctrine of res judicata may be invoked in instances of claim splitting to prohibit a plaintiff from bringing an action for only part of his claim; the judgment obtained in that action would preclude him from bringing a second action for the residue of the claim (see Stoner v Culligan, Inc., 32 A.D.2d 170, 171-172 [1969]).

Here, however, since the issues relating to the nonpayment...

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