Legal Opinion
64 West Park Avenue Corp. v. Parlong Realty Corp.
New York Supreme Court
Decided March 26, 1974PublishedCited by 4 opinions
1Opinion of the CourtBertram Harnett, J.
Does a default judgment dismissing a counterclaim in a small claims action in the Nassau County District Court operate to bar further litigation in the State Supreme Court on the issues raised in that pleading? Motions to dismiss this action upon the ground of res judicata raise this unusual point.
We rule below that there is such a res judicata. We rest this view in the need to end litigation after full and fair opportunity to be heard, and in the need to curtail procedural attenuations which sap the vitality of the litigative process.
A. THE CAUSES ASSERTED NOW AND BEFORE
64 West Park Avenue…
2Cases cited7 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Perry v. . DickersonNew York Court of Appeals · 1881
- Hallock v. . DominyNew York Court of Appeals · 1877
- Bond v. HutchinsAppellate Division of the Supreme Court of the State of New York · 1929
- American Capital Corp. v. Duralab Equipment Corp.Civil Court of the City of New York · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McNaughton v. HudsonAppellate Division of the Supreme Court of the State of New York · 1975
- In Re BentleyUnited States Bankruptcy Court, S.D. New York · 1985
- Royster v. Consolidated EdisonCivil Court of the City of New York · 1982
- Charlene Simmons v. Trans Express IncNew York Court of Appeals · 2021