Legal Opinion
City of New York v. Caristo Construction Corp.
New York Court of Appeals
Decided June 5, 1984PublishedCited by 11 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court (94 AD2d 688).
We agree that under transactional analysis, were it not for the express provision in the judgment of the United States District Court that its dismissal of respondents’ “post-trial asserted claim” for contract indemnification was “without prejudice”, the final determination in the Federal action would preclude assertion of that claim in the present action under res judicata principles. The explicit “without prejudice”…
2Cases cited2 opinions
- McLearn v. Cowen & Co.New York Court of Appeals · 1983
- McLearn v. Cowen & Co.New York Court of Appeals · 1979
3Cited by11 opinions
- Rose Torres, D.B.A. Legal Secretarial Services v. Steve RebarchakCourt of Appeals for the Seventh Circuit · 1987
- McMahon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Schindler v. Issler & Schrage, P. C.Appellate Division of the Supreme Court of the State of New York · 1999
- 99 Cents Concepts, Inc. v. Queens Broadway, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- A. Colish, Inc. v. AbramsonAppellate Division of the Supreme Court of the State of New York · 1991
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