Glaser v. Huette
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcAvoy, J.
We think that since the parties now here were not adversaries in the former suits but codefendants wherein no duty existed to contest the issue of negligence as between them and no pleadings existed between them, the decisions there settled nothing as to the liability of the codefendants to each other. Therefore, the plea of res adjudícala was not available to this-defendant.
The order should be affirmed, with ten dollars costs and disbursements.
Finch, P. J., Merrell and Sherman, JJ., concur; Martin, J., dissents.
2Cited by44 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
- Simodejka v. WilliamsSupreme Court of Pennsylvania · 1948
- Irizarry v. City of New YorkCivil Court of the City of New York · 1974
- Bailey v. RoatNew York Supreme Court · 1942
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