[Download] "George Barrett v. Kasco Construction Co." by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: George Barrett v. Kasco Construction Co.
- Author : Court of Appeals of New York
- Release Date : January 08, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. We cannot say, as a matter of law, that the Appellate Division abused its discretion by deeming defendants answer amended to include the affirmative defense of res judicata on a motion for summary judgment. Furthermore, although the prior judgment of Supreme Court does not specifically recite that it is "on the merits", that judgment should be given res judicata effect in order to prevent the plaintiff from circumventing the preclusion decree (cf. Palmer v Fox, 28 A.D.2d 968, affd 22 N.Y.2d 667).