Legal Opinion
De Laurentis v. Seafarers Port O'Call Corp.
New York Supreme Court
Decided March 6, 1957PublishedCited by 2 opinions
1Opinion of the CourtBenjamin Brenner, J.
Defendant moves to dismiss the complaint pursuant to subdivision 4 of rule 107 of the Rules of Civil Practice on the ground that there is an existing final judgment of this court rendered on the merits.
The previous action was one to recover for personal injuries sustained by the plaintiff while he was a passenger in a truck owned by the defendant Becker Truck Renting Corp. At the conclusion of the plaintiff’s case the attorney for the defendant Becker Truck Renting Corp. moved to dismiss the complaint on a failure of proof to identify the truck in which plaintiff was injured as a truck…
2Cases cited8 opinions
- Hollenbeck v. Ætna Casualty & Surety Co. of Hartford, ConnecticutAppellate Division of the Supreme Court of the State of New York · 1926
- Hansen v. City of New YorkNew York Court of Appeals · 1949
- Ziegler v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Hansen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by2 opinions
- Lyddy v. AylingCivil Court of the City of New York · 1981
- Rosamilia v. MortonNassau County District Court · 1965