Legal Opinion
Mandracchia v. Russo
Appellate Terms of the Supreme Court of New York
Decided April 19, 1967PublishedCited by 5 opinions
1Per curiam
The fundamental question presented on this appeal is whether the decision of a Judge rendered after trial before the court, upon which judgment is not entered because the parties settled the action in accordance with the terms of the decision, is res judicata in a subsequent action between the same parties.
In our view it is not. It has long been settled that a decision or verdict upon which no formal judgment is entered is not a bar to subsequent proceedings. The basis of this rule was stated by the Court of Appeals in Webb v. Buckelew (82 N. Y. 555). The court stated (pp. 559-560): “ A…
2Cases cited12 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Bannon v. BannonNew York Court of Appeals · 1936
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ott v. BarashAppellate Division of the Supreme Court of the State of New York · 1985
- Peterson v. ForkeyAppellate Division of the Supreme Court of the State of New York · 1975
- Colditz v. Eastern Airlines, Inc.District Court, S.D. New York · 1971
- Begelman v. BegelmanAppellate Division of the Supreme Court of the State of New York · 1991
- Feldstein v. New York City Department of Consumer AffairsDistrict Court, E.D. New York · 1992