Murphy v. Reardon

Full title: C. GORDON MURPHY, Respondent, v. ROBERT P. REARDON, Appellant

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

Date published: May 17, 1999

261 A.D.2d 517 (N.Y. App. Div. 1999)

690 N.Y.S.2d 651

Opinion

May 17, 1999

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

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff's prior action to recover money owed by the defendant pursuant to a promissory note ( see, Murphy v. Reardon, 211 A.D.2d 704) does not warrant dismissal of this action by the plaintiff to recover money owed by the defendant pursuant to a separate agreement between the parties ( see, Murray, Hollander, Sullivan Bass v. Hem Research, 111 A.D.2d 63; Milnes Co. v. Staten Is. Bd. of Jewish Educ., 26 A.D.2d 831).

The defendant's remaining contentions are without merit.

Bracken, J. P., Santucci, McGinity and Feuerstein, JJ., concur.