Central Valley Concrete Corp. v. Albini Construction Co.

Appellate Division of the Supreme Court of New York

Central Valley Concrete Corp. v. Albini Construction Co.

39 A.D.2d 613, 331 N.Y.S.2d 594, 1972 N.Y. App. Div. LEXIS 4838

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

DecidedApril 20, 1972

StatusPublished

This text of 39 A.D.2d 613 (Central Valley Concrete Corp. v. Albini Construction Co.) 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

Central Valley Concrete Corp. v. Albini Construction Co., 39 A.D.2d 613, 331 N.Y.S.2d 594, 1972 N.Y. App. Div. LEXIS 4838 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from an order of the Supreme Court, Ulster County, denying appellant’s cross motion for leave to serve an amended answer to interpose the defense of res judicata and collateral estoppel. In the instant case the very same claims of res judicata and estoppel by way of stipulation were fully argued and passed on by this court (34 A D 2d 860), and thus there cannot be said to have been an abuse of discretion in Special Term’s denial of the instant motion. Order affirmed, with costs. Staley, Jr., J. P., Cooke, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from an order of the Supreme Court, Ulster County, denying appellant’s cross motion for leave to serve an amended answer to interpose the defense of res judicata and collateral estoppel. In the instant case the very same claims of res judicata and estoppel by way of stipulation were fully argued and passed on by this court (34 A D 2d 860), and thus there cannot be said to have been an abuse of discretion in Special Term’s denial of the instant motion. Order affirmed, with costs. Staley, Jr., J. P., Cooke, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

39 A.D.2d 613, 331 N.Y.S.2d 594, 1972 N.Y. App. Div. LEXIS 4838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-valley-concrete-corp-v-albini-construction-co-nyappdiv-1972.