BYRD v. NEW YORK CENT. R.R. CO.


278 A.D. 639 (1951)

Major Byrd, Respondent, v. New York Central Railroad Company, Appellant, et al., Defendants

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

February 27, 1951.


Per Curiam.

The plaintiff had the right to serve an amended complaint. However, the judgment of the New Jersey court dismissing the complaint of the plaintiff in that State is res judicata and binding upon the plaintiff in the New York action insofar, at least, as it concerns the defendant New York Central Railroad. The designation of the defendant in the New Jersey action "New York Central System, a corporation", was clearly an immaterial misdescription...

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