Classic Automobiles, Inc. v. Oxford Resources Corp.

—Order, Supreme Court, New York County (Walter M. Schackman, J.), entered on or about March 3, 1993, which granted defendant Oxford Resources Corp.’s motion to dismiss the complaint on the grounds of res judicata pursuant to CPLR 3211 (a) (5), and denied plaintiff’s cross motion for summary judgment, unanimously reversed, on the law, defendant’s motion denied, and remanded for further disposition, with costs.

The doctrine of res judicata did not bar plaintiff’s right to sue for return of its $11,349 payment in the instant case, where it had failed to include a counterclaim for money damages in…