Hernandez v. Probstein

Appellate Division of the Supreme Court of New York

Hernandez v. Probstein

271 A.D.2d 779

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

DecidedOctober 18, 1946

StatusPublished

This text of 271 A.D.2d 779 (Hernandez v. Probstein) 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

Hernandez v. Probstein, 271 A.D.2d 779 (N.Y. Ct. App. 1946).

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Opinion

Order unanimously modified by granting defendants’ motion for leave to serve an amended answer interposing the defense of res judicata; but defendants’ motion for summary judgment is denied. The complete record in the prior action should be before the court at trial. Twenty dollars costs and disbursements are awarded to the appellants. No opinion. Settle order on notice. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.

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Order unanimously modified by granting defendants’ motion for leave to serve an amended answer interposing the defense of res judicata; but defendants’ motion for summary judgment is denied. The complete record in the prior action should be before the court at trial. Twenty dollars costs and disbursements are awarded to the appellants. No opinion. Settle order on notice. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.

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Bluebook (online)

271 A.D.2d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-probstein-nyappdiv-1946.