MALLIS v. KATES


56 A.D.2d 818 (1977)

Samuel Mallis, Plaintiff, v. Jerome B. Kates et al., Defendants Jack J. Arnold, Third-Party Plaintiff-Respondent, v. Bankers Trust Company, Third-Party Defendant-Appellant Jerome B. Kates et al., Third-Party Defendants. John B. Fowler, Jr., Third-Party Plaintiff-Respondent, v. Bankers Trust Company, Third-Party Defendant-Appellant

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

March 28, 1977


The defense of res judicata or collateral estoppel is not available as against these third-party complaints because the previous decision involved a different issue. The decision granting the motion of defendant Bankers Trust Company to dismiss the original complaint as against said defendant involved the issue of whether said defendant was liable to plaintiff, in a situation where the complaint alleged not affirmative misrepresentation but silence, and where the court...

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