PEARE v. GRIGGS


7 A.D.2d 303 (1959)

Celia D. Peare, as Administratrix of The Estate of Samuel G. Peare, Deceased, Respondent, v. Jerry C. Griggs et al., Doing Business as Griggs Trucking Company, Appellants

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

March 3, 1959.


Attorney(s) appearing for the Case

William F. McNulty of counsel (Stanley D. Hicks, attorney), for appellants.

Benjamin H. Siff of counsel (Jack F. Weiss, attorney), for respondent.

BOTEIN, P. J., BREITEL, M. M. FRANK and STEVENS, JJ., concur.


McNALLY, J.

In an action grounded on the Virginia death statute, defendants appeal from a judgment in the sum of $25,570 in favor of plaintiff after a jury trial.

The only issue which we consider on this appeal is whether plaintiff is estopped from maintaining this action by virtue of a prior judgment rendered by the Circuit Court of Mecklenburg County, State of Virginia, against her individually.

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