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PIRES v. BRASILEIRA

240 A.D.2d 324 (1997)

659 N.Y.S.2d 25

S.M. Pires et al., Plaintiffs, v. Frota Oceanica Brasileira, S. A., Appellant, and Galveston Wharves, Doing Business as Port of Galveston, et al., Respondents, et al., Defendants

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

June 24, 1997

Although in Pires v Frota Oceanica Brasileira (214 A.D.2d 306) we held that plaintiffs' action against defendants-respondents herein was to be dismissed on the ground of res judicata, defendant-appellant argues that the earlier fact finding in the main action against defendants-respondents should be binding as to defendant-appellant's claim against them for indemnification on its liability to plaintiffs for maintenance

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