Summer v. Marine Midland Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from order insofar as it dismissed third-party complaint unanimously dismissed and order reversed on the law without costs, motion and cross motions denied and complaint reinstated. Memorandum: Plaintiff contends that Supreme Court erred in granting the motion of third-party defendant for summary judgment dismissing the complaint and third-party complaint on the grounds of res judicata and collateral estoppel. Plaintiff’s appeal from that portion of the court’s order that dismissed the third-party complaint is dismissed because plaintiff did not amend her complaint to assert a claim…
2Cases cited8 opinions
- Weiss v. ManfrediNew York Court of Appeals · 1994
- Boronow v. BoronowNew York Court of Appeals · 1988
- Summer v. SummerNew York Court of Appeals · 1995
- Nardo v. NardoAppellate Division of the Supreme Court of the State of New York · 1988
- Chaitovitz v. LewisAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Platten v. DaddAppellate Division of the Supreme Court of the State of New York · 2007
- Shirley v. DanzigerAppellate Division of the Supreme Court of the State of New York · 1998
- Corle v. Allstate Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2018
- Town of Ogden v. Manitou Sand & Gravel Co.Appellate Division of the Supreme Court of the State of New York · 1998