Legal Opinion
Merrimack Mutual Fire Insurance v. Alan Feldman Plumbing & Heating Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 2013PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered September 7, 2011, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint based on the doctrine of res judicata.
Ordered that the order is affirmed, with costs.
In 2009, David Karson commenced a small claims action in the District Court, Suffolk County, to recover for property damage to his home that allegedly resulted from negligent plumbing work performed by the defendant. After a trial, the District Court dismissed…
2Cases cited4 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Westport Insurance v. Altertec Energy Conservation, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- McGee v. J. Dunn Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Katzab v. ChaudhryAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by1 opinion
- Simmons v. Trans Express Inc.Court of Appeals for the Second Circuit · 2020