Martins v. Wood
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract and fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Franco, J.), dated April 3, 1997, which granted the motion of the defendant David Wood to dismiss the action pursuant to CPLR 3211 (a) (5) on the ground of res judicata.
Ordered that the order is affirmed, with costs.
In 1992, David Wood, a defendant in the instant action, commenced an action in the Supreme Court, Nassau County, against the plaintiffs in the instant action. That prior action was based upon the same transaction and alleged the…
2Cases cited2 opinions
- Feeney v. LicariAppellate Division of the Supreme Court of the State of New York · 1987
- Wood v. MartinsAppellate Division of the Supreme Court of the State of New York · 1996
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