Legal Opinion

Pereira v. St. Joseph's Cemetery

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

Decided November 30, 2010PublishedCited by 26 opinions

1Opinion of the Court

*1142In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered September 29, 2009, which granted the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that it was barred by the doctrine of res judicata.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that it was barred by the doctrine of res judicata is denied.

The plaintiff, a cemetery worker, allegedly was…

2Cases cited5 opinions

  1. Djoganopoulos v. PolkesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Asgahar v. Tringali Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Pereira v. St. Joseph's CemeteryAppellate Division of the Supreme Court of the State of New York · 2008
  4. Sclafani v. Story Book Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Sullivan v. NimmagaddaAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by26 opinions

  1. Canzona v. AtanasioAppellate Division of the Supreme Court of the State of New York · 2014
  2. DDR Construction Services, Inc. v. Siemens Industry, Inc.District Court, S.D. New York · 2011
  3. Canzona v. AtanasioAppellate Division of the Supreme Court of the State of New York · 2014
  4. Cortazar v. TomasinoAppellate Division of the Supreme Court of the State of New York · 2017
  5. Blake v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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