Miller Manufacturing Company, Inc. v. Zeiler

1 Citing case

  1. Miller Mfg. v. Zeiler

    72 A.D.2d 338 (N.Y. App. Div. 1980)   Cited 4 times

    A new action was begun by Main Street's assignee alleging causes of action virtually identical with the second through fifth causes in the initial complaint. Justice GELLINOFF denied defendant Zeiler's motion to dismiss premised upon res judicata and collateral estoppel. This court reversed, concluding that the complaint was barred by reason of "former adjudication" (Miller Mfg. Co. v Zeiler, 59 A.D.2d 692). The Court of Appeals, however, reversed this court, concluding that Justice SANDERS' original dismissal of the claims "without prejudice" precluded application of res judicata ( 45 N.Y.2d 956). In reversing, the Court of Appeals concluded (p 959): "Finally, we would note that our decision today involves only the question whether the dismissal serves to bar plaintiff's claims altogether.