New York Court of Appeals, 1983

Strange v. Montefiore Hospital & Medical Center

New York Court of Appeals · Decided May 10, 1983

59 N.Y.2d 737; 450 N.E.2d 235; 463 N.Y.S.2d 429; 1983 N.Y. LEXIS 3092

Cases that cite this one

60 later published cases cite this decision. The 25 that cite it most often are listed here.

Board of Managers of the 195 Hudson Street Condominium v. Jeffrey M. Brown Associates, Inc. (District Court, S.D. New York 2009)
Holley v. Mandate Realty Corp. (Appellate Division of the Supreme Court of New York 1986)
Reliance Insurance Company v. Polyvision Corporation (2d Cir. 2007)
Reliance Insurance v. Polyvision Corp. (2d Cir. 2007)
City of New York v. Beretta U.S.A. Corp. (District Court, E.D. New York 2004)
NAACP v. AcuSport, Inc. (District Court, E.D. New York 2003)
National Ass'n for the Advancement of Colored People v. Acusport, Inc. (District Court, E.D. New York 2003)
Carr v. Health Insurance Plan of Greater New York, Inc. (District Court, S.D. New York 2000)
Thaler v. Casella (District Court, S.D. New York 1997)
G & T Terminal Packaging Co. v. Consolidated Rail Corp. (District Court, S.D. New York 1989)
Isaly v. Boston Globe Media Partners, LLC (District Court, S.D. New York 2023)
Spoleto Corp. v. Ethiopian Airlines Grp. (2d Cir. 2022)
Howard Carr Companies, Inc. v. Cumberland Farms, Inc. (2d Cir. 2021)
Ricks v. Brown (District Court, W.D. New York 2020)
Stray v. Lutz (Appellate Division of the Supreme Court of New York 2003)
Parker v. Trustees of the Spence Sch., Inc. (Appellate Division of the Supreme Court of New York 2024)
Isaly v. Bos. Globe Media Partners, LLC (2d Cir. 2023)
Jiang v. America Express National Bank (District Court, E.D. New York 2023)
Byrd v. Town of Dewitt (District Court, N.D. New York 2023)
Spoleto Corporation v. Ethiopian Airlines Group (District Court, S.D. New York 2022)
Brady v. Friedlander (2d Cir. 2021)
Santos v. Townsend Ave. Enters. Ltd. Partnership (Appellate Division of the Supreme Court of New York 2020)
The Howard Carr Companies, Inc. v. Cumberland Farms, Inc. (District Court, N.D. New York 2020)
Brady v. IGS Realty Co. L.P. (District Court, S.D. New York 2020)
Brady v. IGS Realty Co. L.P. (District Court, S.D. New York 2020)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

As we wrote in Barrett v Kasco Constr. Co. (56 NY2d 830, 831), procedurally indistinguishable from the case now before us, “although the prior judgment of Supreme Court *739does 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).” CPLR 5013 does not require that the prior judgment contain the precise words “on the merits” in order to be given res judicata effect; it suffices that it appears from the judgment that the dismissal was on the merits. Indeed, one would not expect to find any such explicit recital in a judgment of dismissal based on a grant of summary judgment for insufficiency of proof, as occurred here.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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