SMITH v. KIRKPATRICK


279 A.D. 407 (1952)

H. Gordon Smith, Respondent, v. William S. Kirkpatrick, Appellant

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

February 26, 1952.


Attorney(s) appearing for the Case

Frank O. Fredericks of counsel (Richard Kulze, attorney), for appellant.

Samuel D. Smoleff of counsel (Martin H. Selman with him on the brief; Kreutzer, Heller & Selman, attorneys), for respondent.

GLENNON, CALLAHAN and SHIENTAG, JJ., concur with PECK, P. J.; VAN VOORHIS, J., dissents, in opinion.


PECK, P. J.

The complaint in the present action is the third complaint based upon the same facts, relationship and transactions between the parties. The two prior complaints were dismissed, the first on motion based on the Statute of Frauds, and the second on the merits after trial.

Defendant's motion to dismiss the present complaint on the ground of res judicata was denied. We think that under...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases