Legal Opinion

Papa v. Burrows

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

Decided October 6, 1992PublishedCited by 5 opinions

1Opinion of the Court

— Judgment, Supreme Court, New York County (David B. Saxe, J.), entered December 5, 1991, dismissing the complaint with prejudice and imposing costs and sanctions against plaintiff in the amount of $5113.18, unanimously affirmed, with costs. The appeal taken from the order of the same court, entered October 28, 1991, is deemed to be taken from said judgment (Fendt Finding Co. v Private Brands, 182 AD2d 548).

The complaint is barred by res judicata, a previous complaint, almost identical to the present complaint, having been dismissed "without leave to replead” for failure to state a cause of…

2Cases cited3 opinions

  1. Flynn v. Sinclair Oil Corp.New York Court of Appeals · 1964
  2. Flynn v. Sinclair Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1964
  3. Fendt Finding Co. v. Private Brands, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by5 opinions

  1. Lampert v. Ambassador Factors Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Beninati v. NicotraAppellate Division of the Supreme Court of the State of New York · 1997
  3. International 800 Telecom Corp. v. Kramer, Levin, Nessen, Kamin & FrankelNew York Supreme Court · 1992
  4. Greenwood Trust Co. v. MasonAppellate Division of the Supreme Court of the State of New York · 2000
  5. Marks v. BeriahAppellate Division of the Supreme Court of the State of New York · 2005

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