FORTE v. KANEKA AM. CORP.


110 A.D.2d 81 (1985)

Christopher Forte et al., Respondents, et al., Plaintiffs, v. Kaneka America Corporation, Appellant, et al., Defendants. (And a Third-Party Title.)

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

August 26, 1985


Attorney(s) appearing for the Case

Olwine, Connelly, Chase, O'Donnell & Weyher (Robert J. Kochenthal, Jr., and William F. Sondericker of counsel), for appellant.

Deffina & Blau, P. C., for respondents.

BROWN, J. P., WEINSTEIN and LAWRENCE, JJ., concur.


NIEHOFF, J.

On this appeal we are called upon to decide whether written stipulations of discontinuance which discontinue "all claims and causes of action that are asserted or could have been asserted arising out of the transactions set forth in the complaint * * * with prejudice, on the merits", should be given res judicata effect in the instant action which was pending when the stipulations were executed. We hold that the stipulations should be given...

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