Kaplan v. Friedman Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hyman Kaplan, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 8th day of December, 1910, reversing a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 28th day of March, 1910, upon the verdict of a jury, and also reversing an order of said City Court denying the defendant’s motion for a new…
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Appeal by the plaintiff, Hyman Kaplan, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 8th day of December, 1910, reversing a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 28th day of March, 1910, upon the verdict of a jury, and also reversing an order of said City Court denying the defendant’s motion for a new trial and dismissing the complaint upon the merits, and also (as stated in the notice of appeal) from a judgment entered…
1Opinion of the Court
Laughlin, J.:
This action was brought"1 to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant. An opinion was delivered by the Appellate Term, in which all of the members concurred, assigning as the sole ground of reversal that the action was barred by a' former judgment in the Municipal Court in an action between the same parties. It is uncontroverted that prior to the *16commencement of this' action the plaintiff sued the defendant in the Municipal Court, second district, horough of Manhattan, New York, on the same cause of…
2Cases cited6 opinions
- Clark v. . ScovillNew York Court of Appeals · 1910
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Elwell v. M'QueenNew York Supreme Court · 1833
- Card v. MeinckeNew York Supreme Court · 1893
- Molloy v. Whitehall Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Maldonado & Co. v. YglesiasAppellate Division of the Supreme Court of the State of New York · 1914
- Nudelman v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1912
- Karp v. Harlem Business Protective Corp.City of New York Municipal Court · 1932
- R. C. Schindler, Inc. v. KahnCity of New York Municipal Court · 1935