Greenberg v. De Hart

4 N.Y.2d 511 (1958)

Sandra Greenberg et al., Appellants,

v.

William De Hart, an Infant, by Raymond M. De Hart, His Guardian ad Litem, Respondent.

Court of Appeals of the State of New York.

Argued May 2, 1958.

Decided June 25, 1958.

Manuel J. Steinberg and Alfred Jaffe for appellants.

Manley H. Thaler for respondent.

Chief Judge CONWAY and Judges DYE, FULD and BURKE concur with Judge FROESSEL; Judge DESMOND dissents in an opinion in which Judge VAN VOORHIS concurs.

FROESSEL, J.

The issue before us is whether the present action is barred by a judgment purporting to dismiss the complaint "on the merits" in…