Israel v. Krupa

Appellate Terms of the Supreme Court of New York

Israel v. Krupa

180 Misc. 995, 43 N.Y.S.2d 113, 1943 N.Y. Misc. LEXIS 2128

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 28, 1943

StatusPublished

Cited by3 cases

This text of 180 Misc. 995 (Israel v. Krupa) 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

Israel v. Krupa, 180 Misc. 995, 43 N.Y.S.2d 113, 1943 N.Y. Misc. LEXIS 2128 (N.Y. Ct. App. 1943).

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Opinion

Memorandum Per Curiam.

Where a guest in plaintiff’s automobile sues plaintiff and defendants for personal injuries suffered as a result of a collision between two automobiles driven by plaintiff and defendant-respondent, the judgment obtained in her favor against plaintiff and in defendants’ favor may not be set up against plaintiff as res judicata in a subsequent action by plaintiff against defendant-respondent for property damage. (Self v. International Ry. Co., 224 App. Div. 238.) The defendant not having appealed from the dismissal of his counterclaim he may not have a second trial. (Ginsberg v. City of Long Beach, 286 K Y. 400, 403.)

Judgment and order so far as appealed from reversed, with ten dollars costs to appellant to abide the event, and motion denied.

Hammer, Shientag and Hecht, JJ., concur.

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Memorandum Per Curiam.

Where a guest in plaintiff’s automobile sues plaintiff and defendants for personal injuries suffered as a result of a collision between two automobiles driven by plaintiff and defendant-respondent, the judgment obtained in her favor against plaintiff and in defendants’ favor may not be set up against plaintiff as res judicata in a subsequent action by plaintiff against defendant-respondent for property damage. (Self v. International Ry. Co., 224 App. Div. 238.) The defendant not having appealed from the dismissal of his counterclaim he may not have a second trial. (Ginsberg v. City of Long Beach, 286 K Y. 400, 403.)

Judgment and order so far as appealed from reversed, with ten dollars costs to appellant to abide the event, and motion denied.

Hammer, Shientag and Hecht, JJ., concur.

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Bluebook (online)

180 Misc. 995, 43 N.Y.S.2d 113, 1943 N.Y. Misc. LEXIS 2128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/israel-v-krupa-nyappterm-1943.

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