Forte v. Kaneka America Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Niehoff, J.
On this appeal we are called upon to decide whether written stipulations of discontinuance which discontinue “all claims and causes of action that are asserted or could have been asserted arising out of the transactions set forth in the complaint * * * with prejudice, on the merits”, should be given res judicata effect in the instant action which was pending when the stipulations were executed. We hold that the stipulations should be given res judicata effect and therefore the claims of the stipulating plaintiffs (hereinafter plaintiffs) and their privies…
2Cases cited10 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Reilly v. ReidNew York Court of Appeals · 1978
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Brown v. BullockAppellate Division of the Supreme Court of the State of New York · 1962
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3Cited by27 opinions
- Singleton Management, Inc. v. CompereAppellate Division of the Supreme Court of the State of New York · 1998
- Cowan v. Ernest Codelia, PCDistrict Court, S.D. New York · 2001
- In re the Estate of HofmannAppellate Division of the Supreme Court of the State of New York · 2001
- Buckley v. National Freight, Inc.New York Court of Appeals · 1997
- Beijing Neu Cloud v. IBM Corp.Court of Appeals for the Second Circuit · 2024
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