Legal Opinion

Jardine Emett & Chandler New York, Inc. v. Armored Transport

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1994Published

1Opinion of the Court

—In an action to recover insurance premiums due and owing, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated October 14, 1992, which granted the defendant’s motion to dismiss the complaint on the ground of res judicata.

Ordered that the order is affirmed, with costs.

The action was properly dismissed on the ground of res judicata, because it was identical to a prior action that was dismissed because of the plaintiff’s failure to comply with a conditional order of preclusion (see, Strange v Montefiore Hosp. & Med. Ctr., 59 NY2d 737; Barrett v Kasko Constr.…

2Cases cited3 opinions

  1. Strange v. Montefiore Hospital & Medical CenterNew York Court of Appeals · 1983
  2. Barrett v. Kasco Constr. Co., Inc.New York Court of Appeals · 1982
  3. Leeds v. Sturm, Ruger & Co.Appellate Division of the Supreme Court of the State of New York · 1984

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