From Casetext: Smarter Legal Research

Andrews v. Merrywood Country Club, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 1967
28 A.D.2d 865 (N.Y. App. Div. 1967)

Opinion

July 10, 1967


Order of the Supreme Court, Suffolk County, dated August 16, 1966, denying, upon reargument, defendants' motion to dismiss the complaint because of collateral estoppel and res judicata, modified by amending its first decretal paragraph so as to grant the motion as to the first five causes of action only, and so as otherwise to deny such motion. As so modified, order affirmed, without costs. The time to answer is extended until 20 days after entry of the order hereon. In our opinion, the first five causes of action are barred by the doctrine of res judicata since the questions presented by these causes of action, which were premised on a breach of contract theory, were necessarily determined in the prior judgment adjudicating the rights of the parties (cf. Statter v. Statter, 2 N.Y.2d 668, 672-673). There is such a measure of identity between these five causes of action and the prior relief requested by the plaintiffs that a different judgment here would impair the rights established by that first judgment ( Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304, 306-307). Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.


Summaries of

Andrews v. Merrywood Country Club, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 1967
28 A.D.2d 865 (N.Y. App. Div. 1967)
Case details for

Andrews v. Merrywood Country Club, Inc.

Case Details

Full title:BEN ANDREWS et al., Respondents, v. MERRYWOOD COUNTRY CLUB, INC., et al.…

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

Date published: Jul 10, 1967

Citations

28 A.D.2d 865 (N.Y. App. Div. 1967)

Citing Cases

64 W. Park Ave. v. Parlong Realty

( Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304; Perry v. Dickerson, 85 N.Y. 345.) Identity of…