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X-ACT CONTRACTING CORP. v. FLANDERS

3288, 157719/14.

148 A.D.3d 518 (2017)

2017 NY Slip Op 01966

50 N.Y.S.3d 45

X-ACT CONTRACTING CORPORATION, Appellant, v. SUSAN FLANDERS et al., Respondents.

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

Decided March 16, 2017.

The doctrine of res judicata does not bar the abuse of process claim at issue, since X-Act's claims do not arise "out of the same transaction or series of transactions" as the prior negligence and breach of contract action against Flanders (see Zito v Harding, 110 A.D.3d 628, 629 [1st Dept 2013]). The prior action involved a dispute between X-Act and Flanders over X-Act's work on a renovation project, and the present complaint involves...

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