Legal Opinion
Barrett v. Kasco Constr. Co., Inc.
New York Court of Appeals
Decided June 8, 1982PublishedCited by 44 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. We cannot say, as a matter of law, that the Appellate Division abused its discretion by deeming defendant’s answer amended to include the affirmative defense of res judicata on a motion for summary judgment. Furthermore, although the prior judgment of Supreme Court does not specifically recite that it is “on the merits”, that judgment should be given res judicata effect in order to prevent the plaintiff from circumventing the preclusion…
2Cases cited2 opinions
- Palmer v. FoxNew York Court of Appeals · 1968
- Palmer v. FoxAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by44 opinions
- Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Strange v. Montefiore Hospital & Medical CenterNew York Court of Appeals · 1983
- GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
- Feigen v. Advance Capital Management Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Thaler v. CasellaDistrict Court, S.D. New York · 1997
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