Legal Opinion

Katzab v. Chaudhry

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 2008PublishedCited by 6 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated September 21, 2006, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground of res judicata.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to dismiss the complaint is denied.

The Supreme Court erred in granting his motion to dismiss the complaint on the ground of res judicata. New York City Civil Court Act § 1808 provides that “[a] judgment…

2Cases cited4 opinions

  1. Cohen v. BloomAppellate Division of the Supreme Court of the State of New York · 1996
  2. Purnavel v. Tel-A-Car of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Molska v. GarfieldAppellate Division of the Supreme Court of the State of New York · 2003
  4. Schutte v. KaufmanAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by6 opinions

  1. McGee v. J. Dunn Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Simmons v. Trans Express Inc.Court of Appeals for the Second Circuit · 2020
  3. Merrimack Mutual Fire Insurance v. Alan Feldman Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Merrimack Mutual Fire Insurance v. Alan Feldman Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  5. TovarvTesorosPropertyManagement,LLCAppellate Division of the Supreme Court of the State of New York · 2014

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