HALLADAY v. KOLNER


276 A.D. 943 (1950)

William Halladay, Respondent, v. Bryant Kolner, Appellant. (Action No. 1.) William Halladay et al., Doing Business under the Name of Halladay Bros., Respondents, v. Bryant Kolner, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 11, 1950.


Order affirmed, with $10 costs and disbursements.

Memorandum:

The defendant-appellant in these two actions urges that a judgment in a prior action, in which it was adjudged that the respondents-plaintiffs here were guilty of negligence which caused the accident, is a bar to any recovery by the respondents in these actions. Appellant has not pleaded the prior judgment. The general rule laid down in Krekeler v. Ritter (62 N.Y. 372, 374) and consistently...

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