Sylvander v. Farmers & Traders Life Insurance

Judgment and order insofar as appealed from unanimously reversed, with costs, and motion denied, without costs. Memorandum: The judgment dismisses the second cause of action pleaded in the amended complaint upon the ground that the final judgment in a prior action (Sylvander v. Taber, 19 Misc 2d 1005, affd. 9 A D 2d 1019, mot. to dis. app. den. 7 N V 2d 994) determined the same cause of action between the parties. “ The general principle is recognized that ‘ a fact, once decided in an earlier suit, is conclusively established between the parties [or their privies] in any later suit, provided…