Grande v. Torello

Defendants move to dismiss plaintiff’s complaint upon the ground of res judicata. They base their application upon the fact that in a prior action brought by a passenger in defendant Torello’s auto, wherein the plaintiff in this action and the defendant Torello were codefendants, both this plaintiff and the defendant Torello were held jointly liable to the said passenger upon a finding of negligence against both.

The parties to the instant action 1 ‘ were not adversaries in the former suit[s] but codefendants wherein no duty existed to contest the issue of negligence as between them and no…