Appellate Division of the Supreme Court of New York, 1999

Knox v. Decker

Knox v. Decker
Appellate Division of the Supreme Court of New York · Decided March 22, 1999
259 A.D.2d 671; 685 N.Y.S.2d 620; 1999 N.Y. App. Div. LEXIS 2706
Knox v. Decker

Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Belen, J.), dated February 9, 1998, which denied their motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

We reject the defendants’ contention that the plaintiff’s action, which is based on General Municipal Law § 205-a, is barred by the doctrine of res judicata (see, Hoey v Kuchler, 249 AD2d 365; Zanghi v Greyhound Lines, 234 AD2d 930).

The defendants’ remaining contentions are without merit. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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