Legal Opinion

Landau, P.C. v. LaRossa, Mitchell & Ross

New York Court of Appeals

Decided June 25, 2008PublishedCited by 101 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

In this appeal, we are asked to determine whether a judgment dismissing a complaint “without prejudice,” on the basis of a corporation’s lack of capacity, has res judicata effect on a subsequent action brought by the corporation’s successor. We conclude that it does not.

From 1974 until his disbarment in January 1992, Morris J. Eisen was the sole shareholder and managing partner of the law firm Morris J. Eisen, P.C. (Eisen, P.C.). On August 11, 1986, the City of New York filed a civil action against Eisen, P.C. and various individuals, alleging that they had…

2Cases cited8 opinions

  1. Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
  2. Reilly v. ReidNew York Court of Appeals · 1978
  3. MATTER OF SCHULZ v. StateNew York Court of Appeals · 1993
  4. In re the Accounting of RafteryNew York Court of Appeals · 1956
  5. Miller Manufacturing Co. v. ZeilerNew York Court of Appeals · 1978

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3Cited by101 opinions

  1. Breslin Realty Development Corp. v. ShawAppellate Division of the Supreme Court of the State of New York · 2010
  2. LaSonde v. SeabrookAppellate Division of the Supreme Court of the State of New York · 2011
  3. Newman v. KrintzmanCourt of Appeals for the First Circuit · 2013
  4. McCormick v. FavreauAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of B.Z. Chiropractic, P.C. v. Allstate Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021

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