ANDRASKO v. CALKINS


47 Misc.2d 816 (1965)

Paul S. Andrasko, an Infant, by Paul F. Andrasko, His Father and Natural Guardian, Plaintiff, v. Thomas Calkins, Defendant. Paul F. Andrasko, Plaintiff, v. Thomas Calkins, Defendant.

Supreme Court, Erie County.

September 27, 1965


Attorney(s) appearing for the Case

McDonough, Boasberg, McDonough & Beltz for plaintiffs. Cox, Barrell & Walsh for defendant.


CARMAN F. BALL, J.

If a plaintiff is no caused on the issues of negligence or contributory negligence in a suit against the owner of an automobile, is this no-cause judgment available as a res judicata defense as to these same issues in a subsequent action brought by the same plaintiff against the operator of the automobile, if the operator was not a party in the first action? This is the question to be determined on this motion.

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