Legal Opinion
175 East 74th Corp. v. Hartford Accident & Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1979PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County, entered November 14, 1978, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 5, 7) on the grounds of res judicata, is unanimously reversed, on the law, with costs, and the motion to dismiss the complaint is denied. The judgment in the earlier action between the parties entered on default on a motion to dismiss the complaint for failure to state a cause of action, being on the pleadings only and not stated to be on the merits, is not a judgment on the merits (CPLR 5013), and therefore does not bar another action…
2Cases cited3 opinions
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Allston v. Incorporated Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 1966
- Binkowski v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by2 opinions
- Ali Galeb Ahmed v. American Steamship Mutual Protection & Indemnity AssociationCourt of Appeals for the Ninth Circuit · 1981
- Albert G. Ruben & Co. v. FritzenAppellate Division of the Supreme Court of the State of New York · 1984