Eidelberg v. Zellermayer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Bkeitel, J. P.
The question is whether plaintiff’s present action is barred as a matter of res judicata by reason of prior judgment in favor of defendants. Defendants moved to dismiss the complaint pursuant to rule 107 (subd. 4) of the Rules of Civil Practice. Special Term denied the motion on the ground that the prior judgment dismissing the complaint resulted from plaintiff having pursued a remedy which was not available; and, therefore, there was preserved to him the right to bring another action for the appropriate remedy.
*660The order denying the motion to dismiss the complaint should he…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- The Evergreens v. NunanCourt of Appeals for the Second Circuit · 1944
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
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3Cited by19 opinions
- Reilly v. ReidNew York Court of Appeals · 1978
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- Ackerman v. LandesAppellate Division of the Supreme Court of the State of New York · 1985
- Chalmers v. Eaton Corp.Appellate Division of the Supreme Court of the State of New York · 1979
14 more not listed; retrieve them via the Exa API.