Legal Opinion
Trupin v. D. M. W. Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 1940PublishedCited by 1 opinion
1Opinion of the CourtDore, J.
Defendant appeals from so much of an order of Special Term as denies defendant’s motion to dismiss plaintiff’s second and third causes of action on the ground there is an existing final judgment of a court of competent jurisdiction rendered on the merits determining the same causes of action between the parties. (Rules Civ. Prac. rule 107, subd. 5.)
The litigation arises out of a subcontract which the plaintiff’s assignors (hereinafter designated “ plaintiff ”) had with the defendant in connection with required masonry work in the construction of buildings for the Federal government at Fort…
2Cases cited6 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Reich v. . CochranNew York Court of Appeals · 1896
- Western & Atlantic Railroad v. AtkinsSupreme Court of Georgia · 1914
- Central of Georgia Railway Co. v. TankersleySupreme Court of Georgia · 1909
- Cauldwell-Wingate Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re NabutAppellate Division of the Supreme Court of the State of New York · 1949