Dinkin v. Raporte
New York Supreme Court
1Opinion of the CourtSamuel W. Eager, J.
Motion to dismiss complaint is granted. Mr. Justice Breuhah and Mr. Justice Supple dismissed prior complaints by this plaintiff in a prior action in which the moving defendant was a party defendant. It appears that there has been nothing new added to the complaint in the present action by way of allegations material to a cause of action against the defendant, and, therefore, the decisions of Mr. Justice Brehnah and Mr. Justice Supple are res judicata as to the insufficiency of the complaint now before the court.
It is true that the present complaint pleads evidentiary detail (letters) not set…
2Cases cited4 opinions
- Newberry & Co. v. George W. Warnecke & Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Newberry Company, Inc. v. George W. Warnecke Co.New York Court of Appeals · 1944
- Portman v. BurackAppellate Division of the Supreme Court of the State of New York · 1942
- Portman v. BurackNew York Court of Appeals · 1943
3Cited by1 opinion
- Bryce v. WildeAppellate Division of the Supreme Court of the State of New York · 1972