Bleendes v. Jamosa Holding Corp.

Appellate Division of the Supreme Court of New York

Bleendes v. Jamosa Holding Corp.

264 A.D. 859, 35 N.Y.S.2d 249, 1942 N.Y. App. Div. LEXIS 5142

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

DecidedJune 1, 1942

StatusPublished

This text of 264 A.D. 859 (Bleendes v. Jamosa Holding Corp.) 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

Bleendes v. Jamosa Holding Corp., 264 A.D. 859, 35 N.Y.S.2d 249, 1942 N.Y. App. Div. LEXIS 5142 (N.Y. Ct. App. 1942).

Pincite

Opinion

Order granting defendant’s motion for summary judgment, and judgment entered pursuant thereto dismissing the complaint, in an action for damages for breach .of a contract of employment, on the ground that the issues presented therein are res judicata, reversed on the law, without costs, and the motion denied, without costs. The issue of whether Bleendes was rightfully or wrongfully discharged [860]*860by the defendant was not material to the controversy in the prior litigation between the parties. In any event the seeming basis for such a claim has been removed by the reversal of certain findings and the disapproval of certain conclusions of law in Bleendes v. Fellerman (ante, p. 223), decided herewith. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Order granting defendant’s motion for summary judgment, and judgment entered pursuant thereto dismissing the complaint, in an action for damages for breach .of a contract of employment, on the ground that the issues presented therein are res judicata, reversed on the law, without costs, and the motion denied, without costs. The issue of whether Bleendes was rightfully or wrongfully discharged [860]*860by the defendant was not material to the controversy in the prior litigation between the parties. In any event the seeming basis for such a claim has been removed by the reversal of certain findings and the disapproval of certain conclusions of law in Bleendes v. Fellerman (ante, p. 223), decided herewith. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

264 A.D. 859, 35 N.Y.S.2d 249, 1942 N.Y. App. Div. LEXIS 5142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bleendes-v-jamosa-holding-corp-nyappdiv-1942.