McCarty v. Public Administrator

There is no identity between the cause of action asserted in the complaint and the issues decided in the earlier proceeding in the Surrogate’s Court. The complaint asserts a cause of action for the reasonable value of services rendered to the deceased. The proceeding in the Surrogate’s Court adjudicated that certain passbooks and cash were not given by the deceased to the plaintiff as a gift inter vivos nor as a gift causa mortis to compensate. him for his services. That fact would not prevent recovery for the value of the services.

The measure of damages in the present action is the…