Appellate Terms of the Supreme Court of New York, 1973

Walsdorf v. Miller

Appellate Terms of the Supreme Court of New York · Decided August 9, 1973

79 Misc. 2d 166; 362 N.Y.S.2d 439; 1973 N.Y. Misc. LEXIS 1266

Counsel

A. Allen Stanger (Nathan Cyperstein and James B. Reich of counsel), for appellant.

Opinion of the Court

*167Memorandum. Order unanimously reversed, with $10 costs to defendant, and motion to amend answer and for summary judgment granted.

Defendant’s freedom from contributory negligence was established in the prior action. It was error to deny the motion to amend the answer to allege the defense of res judicata and for summary judgment based on such defense.

Concur — Groat, P. J., Rinaldi and Cone, JJ.

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