Appellate Division of the Supreme Court of New York, 2004

Mudry v. Giannattasio

Appellate Division of the Supreme Court of New York · Decided June 14, 2004

8 A.D.3d 455; 779 N.Y.S.2d 111

Cases that cite this one

3 later published cases cite this decision.

NYCTL 1999-1 Trust v. 573 Jackson Avenue Realty Corp. (Appellate Division of the Supreme Court of New York 2007)
Espinoza v. Concordia International Forwarding Corp. (Appellate Division of the Supreme Court of New York 2006)
Tuper v. Tuper (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, to impose a constructive trust on certain real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated August 11, 2003, which granted the defendant’s motion to dismiss the complaint on the ground that the action was barred by the doctrine of res judicata.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

*456Because the prior determination upon which the order appealed from was predicated did not indicate an intention to dismiss on the merits, the order cannot be deemed a basis for the application of the doctrines of res judicata or collateral estoppel. Accordingly, the defendant’s motion to dismiss should have been denied. Florio, J.P., Adams, Cozier and Lifson, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.