Guinan v. Trotta

Appellate Terms of the Supreme Court of New York

Guinan v. Trotta

28 Misc. 2d 695, 219 N.Y.S.2d 964, 1960 N.Y. Misc. LEXIS 2119

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 1, 1960

StatusPublished

This text of 28 Misc. 2d 695 (Guinan v. Trotta) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guinan v. Trotta, 28 Misc. 2d 695, 219 N.Y.S.2d 964, 1960 N.Y. Misc. LEXIS 2119 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The order of the Supreme Court was predicated on procedure only, not on the merits of plaintiff’s application. She was relegated to a plenary action, and therefore the court below erred in considering the order of the Supreme Court as res judicata to this action.

The-judgment and order should be reversed, with $10 costs to plaintiff, and motion denied.

Concur—Hbcht, J. P., Steuer and Tilzeb, JJ.

Judgment and order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The order of the Supreme Court was predicated on procedure only, not on the merits of plaintiff’s application. She was relegated to a plenary action, and therefore the court below erred in considering the order of the Supreme Court as res judicata to this action.

The-judgment and order should be reversed, with $10 costs to plaintiff, and motion denied.

Concur—Hbcht, J. P., Steuer and Tilzeb, JJ.

Judgment and order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

28 Misc. 2d 695, 219 N.Y.S.2d 964, 1960 N.Y. Misc. LEXIS 2119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guinan-v-trotta-nyappterm-1960.