FARBER v. FINKEL


35 A.D.2d 802 (1970)

Herbert J. Farber, Appellant, v. Saul A. Finkel, Defendant, and Helmut Steiner et al., Respondents Helmut Steiner et al., Petitioners, v. Herbert J. Farber, Respondent

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

November 19, 1970


The motion is denied and the complaint is reinstated. Plaintiff-appellant shall recover of defendants-respondents $50 costs and disbursements of this appeal.

Since the dismissal of the complaint was predicated upon the res judicata effect of a judgment of the Civil Court, the subsequent reversal of that judgment by the Appellate Term removed the underlying basis for the decision at Special Term and therefore the complaint must...

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