Legal Opinion
Sclafani v. Story Book Homes, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 2002PublishedCited by 13 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for injury to property, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 13, 2001, as denied its motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that the third-party action is not barred by the doctrines of res judicata or collateral estoppel. Under the doctrine of res judicata, a final adjudication of a claim on the merits…
2Cases cited4 opinions
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Winkler v. WeissAppellate Division of the Supreme Court of the State of New York · 2002
- Hoey v. KuchlerAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by13 opinions
- Djoganopoulos v. PolkesAppellate Division of the Supreme Court of the State of New York · 2009
- Pereira v. St. Joseph's CemeteryAppellate Division of the Supreme Court of the State of New York · 2010
- Ciraldo v. JP Morgan Chase Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2016
- Asgahar v. Tringali Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Moran Enterprises, Inc.v. HurstAppellate Division of the Supreme Court of the State of New York · 2009
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