Opinion
November 5, 1951.
In an action to recover damages for personal injuries and for property damage, alleged to have been sustained by plaintiff in an automobile collision, order striking out, as insufficient in law, certain paragraphs of defendant's answer which pleaded the defense of res judicata based upon a judgment rendered in the Justice's Court, reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. As a matter of pleading, the defense was sufficient. ( Holmes v. Ivanhoe Cleaners Dyers, 252 App. Div. 765; Jensen v. Brandmaier, 265 App. Div. 1055.) A claim of res judicata may be predicated upon a determination of the Justice's Court. ( Blair v. Bartlett, 75 N.Y. 150; Hallock v. Dominy, 69 N.Y. 238; Smith v. Hemstreet, 54 N.Y. 644.) Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.