Jack Wong, Plaintiff-Appellant, v. Actalent Global Headquarters formerly known as Aerotek, Inc., Defendant-Respondent. (2025)

Per Curiam.

Order (Anna R. Lewis, J.), dated January 24, 2025, affirmed, without costs.

Civil Court properly dismissed plaintiff's claims as barred by res judicata (see Murphy v Citigroup Global Mkts., 185 AD3d 486 [2020], lv denied 36 NY3d 903 [2020]). The breach of contract and defamation claims that plaintiff asserts in the instant complaint "aris[e] out of the same transaction or series of transactions" as the claims in plaintiff's prior action against Aerotek, Inc., which was dismissed on summary judgment in a prior unappealed order. "[O]nce a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" (see O'Brien v City of Syracuse, 54 NY2d 353, 357 [1981]).

In any event, as the motion court also held, the complaint fails to state a cause of action and the defamation claim is untimely under the applicable one-year Statute of Limitations (CPLR 215 [3]; see American Fed. Group v Edelman, 282 AD2d 279 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 12, 2025