Jardine Emett & Chandler New York, Inc. v. Armored Transport

Appellate Division of the Supreme Court of New York

Jardine Emett & Chandler New York, Inc. v. Armored Transport

204 A.D.2d 606, 612 N.Y.S.2d 186, 1994 N.Y. App. Div. LEXIS 5547

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1994·Published

Opinion

—In an action to recover insurance premiums due and owing, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated October 14, 1992, which granted the defendant’s motion to dismiss the complaint on the ground of res judicata.

Ordered that the order is affirmed, with costs.

The action was properly dismissed on the ground of res judicata, because it was identical to a prior action that was dismissed because of the plaintiff’s failure to comply with a conditional order of preclusion (see, Strange v Montefiore Hosp. & Med. Ctr., 59 NY2d 737; Barrett v Kasko Constr. Co., 56 NY2d 830; Leeds v Sturm, Ruger & Co., 101 AD2d 881). Sullivan, J. P., Rosenblatt, Pizzuto and Altman, JJ., concur.

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—In an action to recover insurance premiums due and owing, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated October 14, 1992, which granted the defendant’s motion to dismiss the complaint on the ground of res judicata.

Ordered that the order is affirmed, with costs.

The action was properly dismissed on the ground of res judicata, because it was identical to a prior action that was dismissed because of the plaintiff’s failure to comply with a conditional order of preclusion (see, Strange v Montefiore Hosp. & Med. Ctr., 59 NY2d 737; Barrett v Kasko Constr. Co., 56 NY2d 830; Leeds v Sturm, Ruger & Co., 101 AD2d 881). Sullivan, J. P., Rosenblatt, Pizzuto and Altman, JJ., concur.

Jardine Emett & Chandler New York, Inc. v. Armored Transport, 204 A.D.2d 606, 612 N.Y.S.2d 186, 1994 N.Y. App. Div. LEXIS 5547 (N.Y. Ct. App. 1994).

Pincite

204 A.D.2d 606 (Jardine Emett & Chandler New York, Inc. v. Armored Transport) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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