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Frederick Cowan & Co. v. National Bank of North America

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1978
64 A.D.2d 603 (N.Y. App. Div. 1978)

Opinion

July 3, 1978


Appeal by defendant from an order of the Supreme Court, Nassau County, dated January 19, 1977, which denied its motion to dismiss the complaint. Order reversed, on the law, with $50 costs and disbursements, motion granted and complaint dismissed. The issues raised in this action arise out of the same facts which formed the basis for two earlier lawsuits commenced by this plaintiff against this defendant. Both of the earlier actions were dismissed on defendant's motion for summary judgment. Though the theory of the instant lawsuit differs from the earlier ones, the issues herein asserted could, and should, have been asserted therein. Accordingly, plaintiff is barred from maintaining this action by operation of the doctrine of res judicata (see Schuylkill Fuel Corp. v Nieberg Realty Corp., 250 N.Y. 304, 307; Eidelberg v Zellermayer, 5 A.D.2d 658, 662-663, affd 6 N.Y.2d 815; see, also, Matter of Reilly v Reid, 45 N.Y.2d 24). Mollen, P.J., Latham, Suozzi, Gulotta and Cohalan, JJ., concur.


Summaries of

Frederick Cowan & Co. v. National Bank of North America

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1978
64 A.D.2d 603 (N.Y. App. Div. 1978)
Case details for

Frederick Cowan & Co. v. National Bank of North America

Case Details

Full title:FREDERICK COWAN CO., INC., Respondent, v. NATIONAL BANK OF NORTH AMERICA…

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

Date published: Jul 3, 1978

Citations

64 A.D.2d 603 (N.Y. App. Div. 1978)