MANDRACCHIA v. RUSSO


53 Misc.2d 1018 (1967)

Charles J. Mandracchia, Respondent, v. Nicholas Russo, Appellant.

Supreme Court, Appellate Term, Second Department.

April 19, 1967


Attorney(s) appearing for the Case

Benson & Morris (James B. Dooley of counsel), for appellant. Tenzer & Golden (Jack Tenzer of counsel), for respondent.


Per Curiam.

The fundamental question presented on this appeal is whether the decision of a Judge rendered after trial before the court, upon which judgment is not entered because the parties settled the action in accordance with the terms of the decision, is res judicata in a subsequent action between the same parties.

In our view it is not. It has long been settled that a decision or verdict upon which no formal judgment is entered is not a...

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