B. R. DeWitt, Inc. v. Hall
New York Court of Appeals
1Opinion of the CourtScileppi, J.
In September, 1961, defendant Hall’s jeep collided with and damaged a cement mix truck owned by plaintiff and operated by one Farnum. Farnum sued defendant for personal injuries, recovering a $5,000 verdict after a jury trial. In May, 1964, about two months after the termination of the Farnum v. Hall lawsuit, plaintiff sued Hall for property damage to its truck in the amount of $8,250. After issue was joined, plaintiff moved for summary judgment under CPLR 3212 upon the ground that the judgment in Farnum v. Hall was “ res judicata of the issues ” in the present action (except, of course,…
2Cases cited14 opinions
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
- Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Coca Cola Co. v. Pepsi-Cola Co.Superior Court of Delaware · 1934
- Walter B. Graves v. Associated Transport, Inc.Court of Appeals for the Fourth Circuit · 1965
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3Cited by167 opinions
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- People v. BerkowitzNew York Court of Appeals · 1980
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