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

Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1984·Published

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.

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).

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