Barrett v. Kasco Constr. Co., Inc.
Cases that cite this one
45 later published cases cite this decision. The 25 that cite it most often are listed here.
- Holley v. Mandate Realty Corp. (Appellate Division of the Supreme Court of New York 1986)
- GMAC Mtge., LLC v. Coombs (Appellate Division of the Supreme Court of New York 2020)
- Strange v. Montefiore Hospital & Medical Center (Appellate Division of the Supreme Court of New York 1982)
- J.K.M. Med. Care, P.C. v. Liberty Mut. Fire Ins. Co. (Appellate Terms of the Supreme Court of New York 2016)
- Thaler v. Casella (District Court, S.D. New York 1997)
- Leeds v. Sturm, Ruger & Co. (Appellate Division of the Supreme Court of New York 1984)
- Small v. Clarke (Appellate Terms of the Supreme Court of New York 2024)
- Parisien v. Kemper Ins. Co. (Appellate Terms of the Supreme Court of New York 2022)
- Vixan Cab Corp. v. Chelsea Rental Corp. (Appellate Terms of the Supreme Court of New York 2021)
- Atlantic Chiropractic, P.C. v. Utica Mut. Ins. Co. (Appellate Terms of the Supreme Court of New York 2019)
- Charles Deng Acupuncture, P.C. v. Allstate Ins. Co. (Appellate Terms of the Supreme Court of New York 2019)
- NR Acupuncture, P.C. v. Ocean Harbor Cas. Ins. Co. (Appellate Terms of the Supreme Court of New York 2019)
- Active Chiropractic, P.C. v. Allstate Ins. (Appellate Terms of the Supreme Court of New York 2018)
- Metro Health Prods., Inc. v. Nationwide Ins. (Appellate Terms of the Supreme Court of New York 2016)
- Jung Hee Lee v. Viera (Appellate Division of the Supreme Court of New York 2016)
- D.K. v. M.T.K. (New York Supreme Court 2016)
- Laccone v. Chalet (Appellate Division of the Supreme Court of New York 2015)
- Ladson v. Fessel (Appellate Division of the Supreme Court of New York 2011)
- Panagiotou v. Samaritan Village, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Kalinka v. Saint Francis Hospital (Appellate Division of the Supreme Court of New York 2006)
- Lefkowitz v. Etra & Etra (Appellate Division of the Supreme Court of New York 2004)
- Barber v. Pfeiffer (Appellate Division of the Supreme Court of New York 1999)
- Ficorp, Ltd. v. Gourian (Appellate Division of the Supreme Court of New York 1999)
- Cruz v. Kamlis Dresses & Sportswear Co. (Appellate Division of the Supreme Court of New York 1997)
- Powers v. Velasco (Appellate Division of the Supreme Court of New York 1996)
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
OPINION OF THE COURT
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 defendant’s 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 AD2d 968, affd 22 NY2d 667).
*832 Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.