Legal Opinion
Yates v. Roco Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 2008PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kangs County (Ruchelsman, J.), dated November 20, 2006, as denied that branch of their motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) as barred by the doctrine of res judicata.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to dismiss the complaint is granted.
In an identical prior action which the plaintiff commenced against the defendants, the Supreme Court dismissed…
2Cases cited2 opinions
- Strange v. Montefiore Hospital & Medical CenterNew York Court of Appeals · 1983
- Kalinka v. Saint Francis HospitalAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by3 opinions
- QFI, Inc. v. ShirleyAppellate Division of the Supreme Court of the State of New York · 2009
- Panagiotou v. Samaritan Village, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Rabinowitz v. Robert C. Gottlieb, P.C.Appellate Division of the Supreme Court of the State of New York · 2018