English Boiler & Tube, Inc. v. Adirondack Combustion Technologies, Inc.

By Judge Randall G. Johnson

The issue presently before the court is whether the plaintiff is precluded by res judicata from proceeding with this lawsuit. It is defendant’s position that plaintiffs claim has already been adjudicated in New York state and that the instant action must be dismissed.

The motion for judgment in this court was filed on October 29, 1997. In the motion for judgment, English Boiler & Tube, Inc. (“English Boiler”) claims that Adirondack Combustion Technologies, Inc. (“Adirondack”), which is a New York corporation, breached two separate contracts between the parties.…