Mays v. Bros
This text of 49 A.D.2d 927 (Mays v. Bros) 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.
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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Cite This Page — Counsel Stack
49 A.D.2d 927, 374 N.Y.S.2d 119, 1975 N.Y. App. Div. LEXIS 11193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mays-v-bros-nyappdiv-1975.