Glomboski v. Baltimore & Ohio Railroad

This motion to dismiss a third-party complaint is made on the ground that the claims asserted therein have been dismissed by a prior final order of the Appellate Division of the Supreme Court, Fourth Department, entered in the Monroe County Clerk’s office on October 29, 1970. Other grounds for the motion are also asserted, but it is unnecessary to reach them.

Plaintiff (Grlomboski), an employee of the third-party defendant (Barber), was injured October 26, 1965, and commenced an action against defendant (B & 0) on July 23, 1968.

Thereafter issue was joined, and B & 0 commenced a third-party…