Schwartz v. Public Administrator of the County of Bronx

I dissent, primarily, because it cannot be determined from this record whether the issues to be tried in the present action are identical with those that were tried in the previous suit. In other words, it cannot be determined from this record that the judgment entered against this plaintiff in the prior action was entered against him as the result of negligence on his part, which caused or contributed to the collision itself, or rather was entered against him because of his negligence, independent of that which caused the collision, and for which he would nevertheless be responsible to the…