Kress v. Melcroft Corp.

Appellate Division of the Supreme Court of New York

Kress v. Melcroft Corp.

258 A.D. 809

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

DecidedNovember 20, 1939

DocketAppeal No. 1

StatusPublished

This text of 258 A.D. 809 (Kress v. Melcroft Corp.) 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

Kress v. Melcroft Corp., 258 A.D. 809 (N.Y. Ct. App. 1939).

Pincite

Opinion

In an action to recover for personal injuries, defendant appeals from an order on reargument granting leave to plaintiff to serve a supplemental complaint alleging that the judgment in a loss of service action is res judicata of the liability of the defendant except as to the amount of damages. In view of the decision in Kress v. Melcroft Corporation (post, p. 809), decided herewith, the order is reversed on the law and the facts, without costs, and the motion denied, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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In an action to recover for personal injuries, defendant appeals from an order on reargument granting leave to plaintiff to serve a supplemental complaint alleging that the judgment in a loss of service action is res judicata of the liability of the defendant except as to the amount of damages. In view of the decision in Kress v. Melcroft Corporation (post, p. 809), decided herewith, the order is reversed on the law and the facts, without costs, and the motion denied, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

258 A.D. 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kress-v-melcroft-corp-nyappdiv-1939.