Legal Opinion
McFerran v. Board of Education
New York Court of Appeals
Decided July 11, 1978PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
Having instituted an action in Federal court based on a distinct Federal cause of action, it was necessary for that court to determine the validity of the agreement which petitioner now attacks in this subsequent proceeding. That prior action fully embraced those claims which petitioner now seeks to litigate in the courts of this State and settled principles of res judicata bar petitioner from raising those matters here (Israel v Wood Dolson Co., 1 NY2d 116, 118; Schuylkill Fuel Corp. v…
2Cases cited3 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Stoner v. Culligan, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
3Cited by2 opinions
- Mazurkiewicz v. NY CITY HEALTH & HOSP.District Court, S.D. New York · 2008
- McFerran v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987