New York Court of Appeals November 19, 1981 (Smith v. Russell Sage College)

OPINION OF THE COURT

Fuchsberg, J.

In the end, testing the applicability of res judicata by transactional analysis of the claims presented in plaintiff’s *188two successive suits against the defendant, the question here is whether dismissal of the initial one on Statute of Frauds and Statute of Limitations grounds must be said to have extinguished the subsequent one as well. We hold that it must.