Wendy v. Spector
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover an attorneys’ fee pursuant to a guarantee, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), dated April 18, 2002, which granted the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that it was barred by the doctrine of res judicata.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The court erred in holding that the plaintiff could not maintain this plenary action for recoupment of an attorneys’ fee pursuant to paragraph 14…
2Cases cited7 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Sclafani v. Story Book Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Gargiulo v. OppenheimNew York Court of Appeals · 1984
- Miller v. KozakiewiczAppellate Division of the Supreme Court of the State of New York · 2002
- Gargiulo v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by7 opinions
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- State v. Westchester Joint Water WorksAppellate Division of the Supreme Court of the State of New York · 2005
- Hall v. CuccoAppellate Division of the Supreme Court of the State of New York · 2004
- Hothan v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
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