SCHWARTZ v. PUB. ADM'R


30 A.D.2d 193 (1968)

Herman G. Schwartz, Respondent, and Elaine Schwartz, Plaintiff, v. Public Administrator of the County of Bronx, as Administrator of The Estate of George Panoff, Deceased, Appellant

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

June 18, 1968.


Attorney(s) appearing for the Case

Robert G. Sheller of counsel (Morris L. Wolf and Edgar T. Schleider with him on the brief; Edward A. Harmon, attorney), for appellant.

Kenneth B. Becker for respondent.

CAPOZZOLI and TILZER, JJ., concur with EAGER, J. P.; RABIN, J., dissents in opinion in which McGIVERN, J., concurs.


EAGER, J. P.

Sound judicial reasoning, in light of recent decisions of our courts, requires the sustaining of the defense of res judicata to the causes of action of the plaintiff Herman Schwartz. Defendant's motion to dismiss such causes of action should have been granted.

The complaint sets forth three causes of action — one for the personal injuries of Herman Schwartz, the second for injuries...

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