Frost v. Bankers Commercial Corp.

WEINFELD, District Judge.

It is unnecessary to pass on the sufficiency of the amended complaint for, even assuming it to state a cause of action, the defendant is entitled to summary judgment dismissing the action. The judgment of the Supreme Court, affirmed by the Appellate Division, in the first action brought by the Republic Chemical Corporation v. Bankers Commercial Corp., 73 N.Y.S.2d 318, affirmed 269 App.Div. 736, 54 N.Y.S.2d 396, determined the claim here in suit adversely to the plaintiff’s contentions. The bills of lading, out of which the claim asserted in this action arises, were…