Seidman v. Merchants Bank of New York

Appellate Division of the Supreme Court of New York

Seidman v. Merchants Bank of New York

243 A.D.2d 350, 665 N.Y.S.2d 507

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1997·Published

Opinion

Order, Supreme Court, New York County (David Saxe, J.), entered on or about September 17, 1996, which granted intervention codefendants’ motion for summary judgment dismissing intervenor’s complaint, unanimously affirmed, without costs.

Res judicata bars intervenor’s litigation of claims based on the same transaction involved in the prior appeal (214 AD2d 109), by which time intervener was a party to the action and in which she had a full and fair opportunity to raise the claims she now wants to press (see, Smith v Russell Sage Coll., 54 NY2d 185, 192, 194, n 3). Concur—Sullivan, J. P., Milonas, Rosenberger, Ellerin and Wallach, JJ.

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Order, Supreme Court, New York County (David Saxe, J.), entered on or about September 17, 1996, which granted intervention codefendants’ motion for summary judgment dismissing intervenor’s complaint, unanimously affirmed, without costs.

Res judicata bars intervenor’s litigation of claims based on the same transaction involved in the prior appeal (214 AD2d 109), by which time intervener was a party to the action and in which she had a full and fair opportunity to raise the claims she now wants to press (see, Smith v Russell Sage Coll., 54 NY2d 185, 192, 194, n 3). Concur—Sullivan, J. P., Milonas, Rosenberger, Ellerin and Wallach, JJ.

Seidman v. Merchants Bank of New York, 243 A.D.2d 350, 665 N.Y.S.2d 507 (N.Y. Ct. App. 1997).

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243 A.D.2d 350 (Seidman v. Merchants Bank of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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