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Molino v. County of Putnam

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1968
30 A.D.2d 929 (N.Y. App. Div. 1968)

Opinion

September 30, 1968


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.


Summaries of

Molino v. County of Putnam

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1968
30 A.D.2d 929 (N.Y. App. Div. 1968)
Case details for

Molino v. County of Putnam

Case Details

Full title:BLANCHE MOLINO, as Administratrix of the Estate of CAROL A. MOLINO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 30, 1968

Citations

30 A.D.2d 929 (N.Y. App. Div. 1968)

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