LaSalle v. J & T Sand & Gravel, Inc.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 16, 1992, which granted defendants-respondents’ motions pursuant to CPLR 3211 (a) to dismiss the complaint as barred by res judicata, unanimously affirmed, without costs.

In the prior action involving the same parties (177 AD2d 265, lv denied 79 NY2d 755), the jury found defendant J & T Sand and Gravel 26% liable for plaintiff’s injuries, and exonerated defendant Frisco of any negligence in the maintenance, operation and loading of the tractor trailer truck that caused the chain reaction collision resulting in plaintiff’s…