Blair v. New York University College of Dentistry

Appellate Division of the Supreme Court of New York

Blair v. New York University College of Dentistry

15 A.D.2d 745, 1962 N.Y. App. Div. LEXIS 11670

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 6, 1962

StatusPublished

This text of 15 A.D.2d 745 (Blair v. New York University College of Dentistry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blair v. New York University College of Dentistry, 15 A.D.2d 745, 1962 N.Y. App. Div. LEXIS 11670 (N.Y. Ct. App. 1962).

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Opinion

Motion by defendant Wallach to reargue so much of the order and decision of this court as reinstated the cross-complaint by defendant New York University College of Dentistry against him denied, with $10 costs. This disposition is without prejudice to defendant Wallach making an appropriate motion at Special Term for leave to serve a supplemental answer including the affirmative defense of res judicata (see Restatement, Judgment, § 106 and Comments; cf. id. §§ 96, 99). Res judicata is an affirmative defense which must be pleaded and proved (Civ. Prac. Act, §§ 242, 262; Westminster Presbyterian Church v. Trustees of Presbytery of N. Y., 211 N. Y. 214, 227-228). Concur — Breitel, J. P., McNally, Steuer and Bastow, JJ.

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Motion by defendant Wallach to reargue so much of the order and decision of this court as reinstated the cross-complaint by defendant New York University College of Dentistry against him denied, with $10 costs. This disposition is without prejudice to defendant Wallach making an appropriate motion at Special Term for leave to serve a supplemental answer including the affirmative defense of res judicata (see Restatement, Judgment, § 106 and Comments; cf. id. §§ 96, 99). Res judicata is an affirmative defense which must be pleaded and proved (Civ. Prac. Act, §§ 242, 262; Westminster Presbyterian Church v. Trustees of Presbytery of N. Y., 211 N. Y. 214, 227-228). Concur — Breitel, J. P., McNally, Steuer and Bastow, JJ.

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Bluebook (online)

15 A.D.2d 745, 1962 N.Y. App. Div. LEXIS 11670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blair-v-new-york-university-college-of-dentistry-nyappdiv-1962.

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