COMM'RS OF STATE INS. FUND v. LOW


285 A.D. 525 (1955)

Commissioners of the State Insurance Fund, Appellants, v. Herbert J. Low, Respondent, et al., Defendant

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

March 9, 1955.


Attorney(s) appearing for the Case

Raymond C. Green, Bernard Katzen and Harry Schechter for appellants.

William J. Murphy for respondent.

BERGAN, COON, IMRIE and ZELLER, JJ., concur.


FOSTER, P. J.

By an order of the Supreme Court plaintiff's alleged cause of action against defendant-respondent Low has been dismissed under rule 113 of the Rules of Civil Practice. The defendant mentioned successfully invoked the doctrine of res judicata. The facts, which are undisputed, are these.

On December 19, 1950, a collision occurred between an automobile owned by the State of New York and...

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