Molino v. County of Putnam

Appellate Division of the Supreme Court of New York

Molino v. County of Putnam

30 A.D.2d 929, 294 N.Y.S.2d 158, 1968 N.Y. App. Div. LEXIS 3264

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1968·Published·Cited by 2 cases

Opinion

Order of the Supreme Court, Putnam County, dated May 20, 1968, which granted respondent’s motion to amend his answer so as to include the defense of res judicata, reversed, on the law, with $10 costs and disbursements, and motion denied. In our opinion, the defense of res judicata which respondent seeks to interpose in his amended answer is not available against appellant, who was not a party or in privity with the defendant in the litigation which resulted in the prior judgment (cf. B. R. De Witt, Inc. v. Hall, 19 N Y 2d 141; Cummings v. Dresher, 18 N Y 2d 105, 107-108; Brooks v. Horning, 27 A D 2d 874). Beldock, P. J., Christ, Brennan, Munder and Martuscello, JJ., concur.

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Order of the Supreme Court, Putnam County, dated May 20, 1968, which granted respondent’s motion to amend his answer so as to include the defense of res judicata, reversed, on the law, with $10 costs and disbursements, and motion denied. In our opinion, the defense of res judicata which respondent seeks to interpose in his amended answer is not available against appellant, who was not a party or in privity with the defendant in the litigation which resulted in the prior judgment (cf. B. R. De Witt, Inc. v. Hall, 19 N Y 2d 141; Cummings v. Dresher, 18 N Y 2d 105, 107-108; Brooks v. Horning, 27 A D 2d 874). Beldock, P. J., Christ, Brennan, Munder and Martuscello, JJ., concur.

Molino v. County of Putnam, 30 A.D.2d 929, 294 N.Y.S.2d 158, 1968 N.Y. App. Div. LEXIS 3264 (N.Y. Ct. App. 1968).

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Opinion

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