Legal Opinion
Linton v. Perry Knitting Co.
New York Court of Appeals
Decided November 29, 1945PublishedCited by 30 opinions
1Opinion of the Court
Loughban, Ch. J.
A motion made before trial by the defendant for dismissal of the complaint was denied at Special Term. The Appellate Division reversed and granted the motion. The complaint in an earlier action between- the same parties had been finally dismissed by a judgment that stood unreversed. In the view of the Appellate Division, that former judgment was a bar to the present action.
The grounds of the defendant’s attack upon the complaint in the earlier action were that (1) the cause of action was barred by the Statute of Limitations and (2) the Workmen’s Compensation Law of the State…
2Cases cited4 opinions
- Barrencotto v. Cocker Saw Co.New York Court of Appeals · 1934
- Richard v. American Union BankNew York Court of Appeals · 1930
- Joannes Brothers Co. v. . LambornNew York Court of Appeals · 1923
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1940
3Cited by30 opinions
- 175 East 74th Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1980
- Schneider v. AulisiNew York Court of Appeals · 1954
- Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974
- People v. SchildhausNew York Court of Appeals · 1960
- Flynn v. Sinclair Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1964
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