VELASQUEZ v. FRANZ


123 N.J. 498 (1991)

589 A.2d 143

JOSE VELASQUEZ, PLAINTIFF-APPELLANT, v. VERA FRANZ, INDIVIDUALLY AND AS TRUSTEE OF LEYDEN HYDRAULICS, INC.; AND LEYDEN HYDRAULICS, INC., DEFENDANTS-RESPONDENTS, AND CRIDGE, INC., AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided April 25, 1991.


Attorney(s) appearing for the Case

Waldron Kraemer argued the cause for appellant (Kasen, Kraemer, Burns & Lovell, attorneys).

Stephen O. Mortenson argued the cause for respondent (Mortenson and Pomeroy, attorneys).


The opinion of the Court was delivered by GARIBALDI, J.

This case presents the question of whether a dismissal in federal court that focuses on a defendant's lack of capacity to be sued constitutes an adjudication on the merits of the claim, thereby barring under principles of res judicata a subsequent suit between the same parties, asserting the same claims, based on the same facts in state court. Indeed, the complaint plaintiff filed in the subsequent state...

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