From Casetext: Smarter Legal Research

Long Island Pen Corp. v. Warshavsky

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 981 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

Appeal from the Supreme Court, Nassau County (Vitale, J.).


Order affirmed insofar as appealed from, with costs.

Plaintiffs' causes of action alleging tortious interference with precontractual relations and prima facie tort arise out of the same facts as plaintiffs' earlier cause of action alleging tortious interference with contractual relations, albeit under different theories. This court, in unconditionally dismissing plaintiffs' prior cause of action alleging tortious interference, fully treated and disposed of on the merits plaintiffs' arguments regarding the alleged interference with both their contractual and precontractual relations ( Long Is. Pen Corp. v. Shatsky Metal Stamping Co., 94 A.D.2d 788). Accordingly, since this court has already fully examined the same facts and reached a determination on the merits, plaintiffs' present claims are barred under the principle of res judicata (CPLR 3211 [a] [5]; see, Smith v Russell Sage Coll., 54 N.Y.2d 185). Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

Long Island Pen Corp. v. Warshavsky

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 981 (N.Y. App. Div. 1985)
Case details for

Long Island Pen Corp. v. Warshavsky

Case Details

Full title:LONG ISLAND PEN CORP. et al., Appellants, v. MURRAY WARSHAVSKY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 12, 1985

Citations

112 A.D.2d 981 (N.Y. App. Div. 1985)