Schwartz v. Public Administrator of the County of Bronx

Eager, J. P.

Sound judicial reasoning, in light of recent decisions of our courts, requires the sustaining of the defense of res judicata to the causes of action of the plaintiff Herman Schwartz. Defendant’s motion to dismiss such causes of action should have been granted.

The complaint sets forth three causes of action—one for the personal injuries of Herman Schwartz, the second for injuries sustained by his wife, and the third for recovery by Herman Schwartz for loss of services and medical expenses resulting from his wife’s injuries. The plaintiffs’ injuries resulted from an automobile…