Mays v. Bros

Appellate Division of the Supreme Court of New York

Mays v. Bros

49 A.D.2d 927, 374 N.Y.S.2d 119, 1975 N.Y. App. Div. LEXIS 11193

Appellate Division of the Supreme Court of the State of New York·Decided October 20, 1975·Published

Opinion

In a conversion action, defendants appeal from an order of the Supreme Court, Queens County, dated July 8, 1974, which (1) granted plaintiff’s motion to dismiss the affirmative defense of res judicata and (2) denied their cross motion for summary judgment. Order affirmed, without costs. The affirmative defense of res judicata was properly dismissed. The assertions of violations of separate rights in this action and in a prior action did not constitute the splitting of a cause of action. Rabin, Acting P. J., Hopkins, Christ, Munder and Shapiro, JJ., concur.

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In a conversion action, defendants appeal from an order of the Supreme Court, Queens County, dated July 8, 1974, which (1) granted plaintiff’s motion to dismiss the affirmative defense of res judicata and (2) denied their cross motion for summary judgment. Order affirmed, without costs. The affirmative defense of res judicata was properly dismissed. The assertions of violations of separate rights in this action and in a prior action did not constitute the splitting of a cause of action. Rabin, Acting P. J., Hopkins, Christ, Munder and Shapiro, JJ., concur.

Mays v. Bros, 49 A.D.2d 927, 374 N.Y.S.2d 119, 1975 N.Y. App. Div. LEXIS 11193 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 927 (Mays v. Bros) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.