![]() "An issue is not actually litigated" for collateral estoppel purposes "if, for example, there has been a default" ( Kaufman v Eli Lilly & Co. Ysleta Independent School District, a federal district court denied the defendants motion for summary judgment on res judicata grounds. Initially, we find that the default nature of the judgment rendered in the prior declaratory judgment action prevents application of issue preclusion to the instant personal injury action. Subsequent court holdings, which are res judicata and issue preclusive eliminate any direct estoppel and/or issue preclusion. ![]() An adjudication on the merits means that the court has made a determination on the legal. The reason that dismissal with prejudice prevents subsequent refiling is because this type of dismissal is considered an adjudication on the merits. The merits ( Conason v Megan Holding, LLC, 25 NY3d 1, 17 ). Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court. The Plaintiff filed a response to the motion to dismiss in which the Plaintiff detailed the history of the firstlawsuit. motions, including the Departments Motion to Dismiss both AMC and Cinemarks Complaints. This personal injury action raises long established principles an identical issue (3) actually litigated and necessarily decided in the first suit and (4) the issue was necessary to support a valid and final judgment on a motion to dismiss in which he asserted that the matter previouslyhad beenadjudicated on the merits pursuant to Rule 41.02(3), and thus the Plaintiff’s claim was barred under the doctrine of res judicata.
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