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HOLZBERG v. MUT. LIFE INS. CO. OF NEW YORK

155 A.D.2d 278 (1989)

Ernest Holzberg, Appellant, v. Mutual Life Insurance Company of New York, Respondent

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

November 9, 1989

Res judicata has been applied where the second claim is based on a different theory of recovery but arises out of the same transaction as the first claim. (Smith v Sage Coll., 54 N.Y.2d 185.) In this action, inter alia, for an order declaring the rights of the parties under an insurance contract, interpreting the coordination of benefits provisions of the new policy, the court properly granted dismissal given that plaintiff...

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