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Walsdorf v. Miller

Supreme Court, Appellate Term, Second Department
Aug 9, 1973
79 Misc. 2d 166 (N.Y. App. Term 1973)

Opinion

August 9, 1973

Appeal from the Civil Court of the City of New York, Queens County, LEONARD L. FINZ, J.

A. Allen Stanger ( Nathan Cyperstein and James B. Reich of counsel), for appellant.


MEMORANDUM.

Order unanimously reversed, with $10 costs to defendant, and motion to amend answer and for summary judgment granted.

Defendant's freedom from contributory negligence was established in the prior action. It was error to deny the motion to amend the answer to allege the defense of res judicata and for summary judgment based on such defense.

Concur — GROAT, P.J., RINALDI and CONE, JJ.


Summaries of

Walsdorf v. Miller

Supreme Court, Appellate Term, Second Department
Aug 9, 1973
79 Misc. 2d 166 (N.Y. App. Term 1973)
Case details for

Walsdorf v. Miller

Case Details

Full title:GERALD WALSDORF, by GLADYS WALSDORF, His Mother and Natural Guardian…

Court:Supreme Court, Appellate Term, Second Department

Date published: Aug 9, 1973

Citations

79 Misc. 2d 166 (N.Y. App. Term 1973)
362 N.Y.S.2d 439