Kessler v. Fligel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
The question presented is whether a judgment in an equity suit against the plaintiff in his individual capacity, in favor of a corporation of which the defendant was president, may be pleaded by the latter as an estoppel by judgment.
The complaint sets forth two causes of action. The first alleges that the defendant wrongfully and falsely accused plaintiff of having committed the crime of coercion and of having arrested him without warrant or other legal process; the second, that the defendant maliciously and without reasonable or probable cause prosecuted plaintiff for such crime in the…
2Cases cited7 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Rudd v. . CornellNew York Court of Appeals · 1902
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Assets Realization Co. v. HowardNew York Supreme Court · 1911
- Spitz v. M. Brooks & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
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3Cited by6 opinions
- Bisnoff v. HerrmannAppellate Division of the Supreme Court of the State of New York · 1940
- Delford Industries, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1991
- Rusciano & Son Corp. v. MihalyfiNew York Supreme Court · 1938
- In re the Estate of SmithNew York Surrogate's Court · 1940
- Marcomo Stevedoring Corp. v. NathansonNew York Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.