Walsdorf v. Miller

Appellate Terms of the Supreme Court of New York

Walsdorf v. Miller

79 Misc. 2d 166, 362 N.Y.S.2d 439, 1973 N.Y. Misc. LEXIS 1266

CourtAppellate Terms of the Supreme Court of New York

DecidedAugust 9, 1973

StatusPublished

This text of 79 Misc. 2d 166 (Walsdorf v. Miller) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walsdorf v. Miller, 79 Misc. 2d 166, 362 N.Y.S.2d 439, 1973 N.Y. Misc. LEXIS 1266 (N.Y. Ct. App. 1973).

Pincite

Opinion

[167]*167Memorandum. Order unanimously reversed, with $10 costs to defendant, and motion to amend answer and for summary judgment granted.

Defendant’s freedom from contributory negligence was established in the prior action. It was error to deny the motion to amend the answer to allege the defense of res judicata and for summary judgment based on such defense.

Concur — Groat, P. J., Rinaldi and Cone, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

[167]*167Memorandum. Order unanimously reversed, with $10 costs to defendant, and motion to amend answer and for summary judgment granted.

Defendant’s freedom from contributory negligence was established in the prior action. It was error to deny the motion to amend the answer to allege the defense of res judicata and for summary judgment based on such defense.

Concur — Groat, P. J., Rinaldi and Cone, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

79 Misc. 2d 166, 362 N.Y.S.2d 439, 1973 N.Y. Misc. LEXIS 1266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsdorf-v-miller-nyappterm-1973.