| Sannon-Stamm Assoc., Inc. v Keefe, Bruyette & Woods, Inc. |
| 2009 NY Slip Op 09722 [68 AD3d 678] |
| December 29, 2009 |
| Appellate Division, First Department |
| Sannon-Stamm Associates, Inc., Appellant, v Keefe,Bruyette & Woods, Inc., Respondent. |
—[*1] Eiseman Levine Lehrhaupt & Kakoyiannis, P.C., New York (Eric Aschkenasy of counsel),for respondent.
Appeal from order, Supreme Court, New York County (Jane S. Solomon, J.), entered on orabout December 4, 2008, which granted defendant's motion to dismiss the complaint, deemed tobe an appeal from judgment, same court and Justice, entered December 9, 2008 (CPLR 5501[c]), dismissing the complaint, and so considered, the judgment unanimously reversed, on thelaw, with costs, and the complaint reinstated.
The doctrine of res judicata may be invoked in instances of claim splitting to prohibit aplaintiff from bringing an action for only part of his claim; the judgment obtained in that actionwould preclude him from bringing a second action for the residue of the claim (see Stoner vCulligan, Inc., 32 AD2d 170, 171-172 [1969]).
Here, however, since the issues relating to the nonpayment of the subsequent installments ofthe placement fee had not matured when the Civil Court action was brought for nonpayment ofthe first installment of the referral fee, and consequently had never been litigated, this action isnot barred by res judicata (see Gelb v Hatton, 128 AD2d 501, 501-502 [1987]).Concur—Andrias, J.P., Friedman, Acosta, DeGrasse and RomÁn, JJ. [PriorCase History: 2008 NY Slip Op 33263(U).]