Legal Opinion
Miller Manufacturing Co. v. Zeiler
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1977PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County, entered May 11, 1977, which denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 1, 5), unanimously reversed, on the law, and the motion granted, with $60 costs and disbursements payable to appellant by respondent. It is undisputed that in this action plaintiff realleges claims similar to those previously brought against defendant by plaintiff’s assignor Main Street Fashions, Inc. Plaintiff’s complaint is barred by the rule of "former adjudication” which embraces the component doctrines of res judicata, collateral…
2Cases cited7 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Hinchey v. SellersNew York Court of Appeals · 1959
- Newton v. WadeAppellate Division of the Supreme Court of the State of New York · 1934
- MATTER OF McFERRAN v. BD. OF EDUC., COLONIE CENT. SCH., CENT. SCH. DIST. NO. 1New York Court of Appeals · 1964
- Main Street Fashions, Inc. v. ZeilerAppellate Division of the Supreme Court of the State of New York · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Miller Manufacturing Co. v. ZeilerAppellate Division of the Supreme Court of the State of New York · 1980