MILLER MFG. CO., INC. v. ZEILER


45 N.Y.2d 956 (1978)

Miller Manufacturing Company, Inc., Appellant, v. Norman Zeiler, Respondent.

Court of Appeals of the State of New York.

Decided November 2, 1978.


Attorney(s) appearing for the Case

Bernard S. Meyer and Jeffrey G. Stark for appellant.

Marc S. Krieg and Joseph S. Kaming for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

This appeal involves an attempt by defendant to use a prior dismissal "without prejudice" as the basis for a res judicata dismissal of plaintiff's complaint in the present action. The essential record facts are not in dispute. Plaintiff's predecessor-in-interest commenced an action against this defendant pleading five distinct but related causes of action. The first cause of action involved a claim...

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