Appellate Terms of the Supreme Court of New York, 1960

Guinan v. Trotta

Appellate Terms of the Supreme Court of New York · Decided December 1, 1960

28 Misc. 2d 695; 219 N.Y.S.2d 964; 1960 N.Y. Misc. LEXIS 2119

Counsel

Harry Scheer for appellant. Hallam M. Richardson and John J. Howley for respondents.

Opinion of the Court

Per Curiam.

The order of the Supreme Court was predicated on procedure only, not on the merits of plaintiff’s application. She was relegated to a plenary action, and therefore the court below erred in considering the order of the Supreme Court as res judicata to this action.

The-judgment and order should be reversed, with $10 costs to plaintiff, and motion denied.

Concur—Hbcht, J. P., Steuer and Tilzeb, JJ.

Judgment and order reversed, etc.

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