Brown v. Epstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harry Brown and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of January, 1914, upon the dismissal of the complaint by direction of the court on the opening.
1Opinion of the Court
Jenks, P. J.:
We think that the court at Trial Term properly dismissed the plaintiffs upon the defendant’s plea of res adjudicata. In an earlier action, brought by a third party to foreclose a mechanic’s lien upon real property, the present plaintiffs and their assignors were made parties because their assignors theretofore had filed a lien, and the defendant was made a party because he was an owner of the realty affected. All of said parties appeared, and this present defendant and the other owners made answer, which was duly served upon the present plaintiffs and their said assignors as…
2Cases cited11 opinions
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Abbott v. . EastonNew York Court of Appeals · 1909
- Newton v. . HookNew York Court of Appeals · 1872
- Earle v. . EarleNew York Court of Appeals · 1903
- Gilmour v. . ColcordNew York Court of Appeals · 1906
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3Cited by2 opinions
- Haight v. PotterAppellate Division of the Supreme Court of the State of New York · 1919
- Stehli v. Town of Oyster BayNew York Supreme Court · 1920