MARLETT v. HENNESSY


55 A.D.3d 1283 (2008)

864 N.Y.S.2d 353

RONALD A. MARLETT et al., Plaintiffs, v. RICHARD A. HENNESSY, JR., et al., Defendants. CHARLES M. TEBBUTT et al., Third-Party Plaintiffs-Respondents, v. RICHARD A. HENNESSY, JR., et al., Third-Party Defendants-Appellants.

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

October 3, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendants and third-party defendants (Hennessy defendants) seeking to dismiss the third-party complaint based on the doctrine of res judicata. Because the cross claims asserted against the Hennessy defendants in the main action were not disposed of on the merits, the doctrine of res judicata does not apply to...

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