Connors v. Continental Insurance

Appellate Division of the Supreme Court of New York

Connors v. Continental Insurance

58 A.D.2d 616, 396 N.Y.S.2d 33, 1977 N.Y. App. Div. LEXIS 12678

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

DecidedJune 20, 1977

StatusPublished

This text of 58 A.D.2d 616 (Connors v. Continental Insurance) 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

Connors v. Continental Insurance, 58 A.D.2d 616, 396 N.Y.S.2d 33, 1977 N.Y. App. Div. LEXIS 12678 (N.Y. Ct. App. 1977).

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Opinion

In an action pursuant to section 167 of the Insurance Law to compel defendant [617]*617to satisfy a certain judgment, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated March 8, 1976, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5), on the ground that the action was barred by res judicata. Order affirmed, with $50 costs and disbursements. Appellant’s action against respondent is predicated upon his contention that the automobile driven by Warner Wayman was operated with the consent of Peers Training Corporation. The action was properly dismissed because this issue has already been resolved adversely to plaintiff in a prior action. The prior determination was properly given res judicata effect in the present action. Martuscello, J. P., Latham, Margett and O’Connor, JJ., concur.

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In an action pursuant to section 167 of the Insurance Law to compel defendant [617]*617to satisfy a certain judgment, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated March 8, 1976, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5), on the ground that the action was barred by res judicata. Order affirmed, with $50 costs and disbursements. Appellant’s action against respondent is predicated upon his contention that the automobile driven by Warner Wayman was operated with the consent of Peers Training Corporation. The action was properly dismissed because this issue has already been resolved adversely to plaintiff in a prior action. The prior determination was properly given res judicata effect in the present action. Martuscello, J. P., Latham, Margett and O’Connor, JJ., concur.

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Bluebook (online)

58 A.D.2d 616, 396 N.Y.S.2d 33, 1977 N.Y. App. Div. LEXIS 12678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connors-v-continental-insurance-nyappdiv-1977.