O'Brien v. Benderson

Appellate Division of the Supreme Court of New York

O'Brien v. Benderson

101 A.D.2d 1021, 476 N.Y.S.2d 697, 1984 N.Y. App. Div. LEXIS 18759

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

DecidedMay 25, 1984

StatusPublished

This text of 101 A.D.2d 1021 (O'Brien v. Benderson) 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

O'Brien v. Benderson, 101 A.D.2d 1021, 476 N.Y.S.2d 697, 1984 N.Y. App. Div. LEXIS 18759 (N.Y. Ct. App. 1984).

Pincite

Opinion

— Amended order and judgment unanimously affirmed, with costs. Memorandum: Although the court did not err in permitting defendants to amend their answer to assert the defense of res judicata, it is unnecessary to consider whether plaintiff’s first cause of action is barred by reason of the compromise and settlement of a prior Federal court action. Neither cause of action stated in the complaint was proven at trial and we affirm for reasons stated in the memorandum decision at Trial Term (Broughton, J.) (Appeal from amended order and judgment of Supreme Court, Erie County, Broughton, J. — conversion.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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— Amended order and judgment unanimously affirmed, with costs. Memorandum: Although the court did not err in permitting defendants to amend their answer to assert the defense of res judicata, it is unnecessary to consider whether plaintiff’s first cause of action is barred by reason of the compromise and settlement of a prior Federal court action. Neither cause of action stated in the complaint was proven at trial and we affirm for reasons stated in the memorandum decision at Trial Term (Broughton, J.) (Appeal from amended order and judgment of Supreme Court, Erie County, Broughton, J. — conversion.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

101 A.D.2d 1021, 476 N.Y.S.2d 697, 1984 N.Y. App. Div. LEXIS 18759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-benderson-nyappdiv-1984.