Legal Opinion
Dale Mortgage Bankers Corp. v. Allington
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1997PublishedCited by 2 opinions
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered March 19, 1996 in Tompkins County, which, inter alia, denied plaintiff’s motion to declare certain moneys surplus funds.
On this appeal, plaintiff attempts to argue the very issue previously addressed and decided by this Court on plaintiff’s prior appeal in this matter (217 AD2d 739, lv denied 87 NY2d 804)—namely, the nature of certain insurance proceeds and *833the party to whom said proceeds should be distributed. That issue having been conclusively resolved, plaintiff is barred from relitigating that issue under the doctrine…
2Cases cited4 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974
- Gowan v. TullyNew York Court of Appeals · 1978
- Melino v. National Grange Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- Gonzalez v. TravisDistrict Court, S.D. New York · 2001
- Greece Town Mall, L.P. v. New York StateAppellate Division of the Supreme Court of the State of New York · 2016