Legal Opinion
Whitfield v. JWP/Forest Electric Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 1996PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Myriam Altman, J.), entered July 14, 1993, which, inter alia, denied defendant’s motion to dismiss the second, third and fourth causes of action of the complaint on the ground of res judicata, unanimously affirmed, with costs.
The second, third and fourth causes of action in this action were previously asserted as pendent State claims in a Federal action. Such claims were dismissed in the Federal action as a result of lack of Federal court jurisdiction. Since the dismissal in Federal court was not on the merits and since these causes of action are not…
2Cases cited3 opinions
- Lamontagne v. Board of Trustees of the United Wire, Metal & Machine Pension FundAppellate Division of the Supreme Court of the State of New York · 1992
- People v. Consol. Edison Co. of New York, Inc.New York Court of Appeals · 1974
- Capital Telephone Co. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- Van Hof v. Town of WarwickAppellate Division of the Supreme Court of the State of New York · 1998
- Walsh v. City of AuburnDistrict Court, N.D. New York · 1996
- Schiano v. Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- GTFM, LLC v. NagyAppellate Division of the Supreme Court of the State of New York · 2005
- Schiano v. Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 2013