SHEPPARD v. COOPERS' INC.


13 Misc.2d 862 (1956)

Robert F. Sheppard, Plaintiff, v. Coopers' Incorporated, Defendant.

Supreme Court, Special Term, New York County.

September 12, 1956.


Attorney(s) appearing for the Case

Ehrick, Stock, Valicenti, Leighton & Holland (Albert D. Jordan of counsel), for defendant.

Martin Blau for plaintiff.


MORRIS EDER, J.

Defendant moves to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice on the following grounds: (a) another action pending, (b) res judicata and (c) Statute of Limitations.

The first two grounds, representing alternative views of the dismissal of a prior action from which an appeal has been taken, need not detain us. Whether that action be deemed as still...

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