Legal Opinion
Smith v. Russell Sage College
New York Court of Appeals
Decided November 19, 1981PublishedCited by 343 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
In the end, testing the applicability of res judicata by transactional analysis of the claims presented in plaintiff’s *188two successive suits against the defendant, the question here is whether dismissal of the initial one on Statute of Frauds and Statute of Limitations grounds must be said to have extinguished the subsequent one as well. We hold that it must.
The issue comes to us in a contextually attenuated legal and factual framework. As culled from the miscellany of pleadings and motion papers which constitute the record before us, the genesis of the…
2Cases cited3 opinions
- Reilly v. ReidNew York Court of Appeals · 1978
- Sheerin v. New York Fire Department Articles 1 & 1B Pension FundsNew York Court of Appeals · 1979
- Hyman v. HillelsonNew York Court of Appeals · 1981
3Cited by343 opinions
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
- Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988
- Ronald Davidson v. Clement B. Capuano, David R. Harris and Joseph P. KeenanCourt of Appeals for the Second Circuit · 1986
- Hodes v. AxelrodNew York Court of Appeals · 1987
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