Flynn v. Sinclair Oil Corp.
| Decision Date | 10 June 1964 |
| Citation | 200 N.E.2d 633,14 N.Y.2d 853,251 N.Y.S.2d 967 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 200 N.E.2d 633 Michael FLYNN, Appellant, v. SINCLAIR OIL CORPORATION et al., Respondents, and A. L. Eastman & Sons, Inc., et al., Defendants. |
Appeal from Supreme Court, Appellate Division, First Department, 20 A.D.2d 636, 246 N.Y.S.2d 360.
Action was brought for injuries sustained in fall on stairway leading from sidewalk to basement.
The Supreme Court, Special Term, Bronx County, Francis X. Conlon, J., entered an order denying a motion to dismiss the complaint, and the defendants appealed.
The Appellate Division reversed the order, granted motion to dismiss the complaint, and held that subsequent complaint which, except for an added irrelevant allegation, was virtually identical to prior complaint dismissed for failure to state a cause of action should have been dismissed on ground that action was barred because of res judicata, where no appeal had been taken from dismissal of prior complaint.
The plaintiff appealed to the Court of Appeals.
Joseph P. Walsh, Frank R. Clampitt, and John F. Kelly, New York City, for defendants-respondents.
Order affirmed, with costs.
All concur.
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...N.E.2d 468 (1975); Flynn v. Sinclair Oil Corp., 20 A.D.2d 636, 636-37, 246 N.Y.S.2d 360, 361 (1st Dept.), affirmed, 14 N.Y.2d 853, 251 N.Y.S.2d 967, 200 N.E.2d 633 (1964); Linton v. Perry Knitting Co., 295 N.Y. 14, 17, 64 N.E.2d 270, 271 (1945); Joannes Bros. Co. v. Lamborn, 237 N.Y. 207, 2......
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VanMinos v. Merkley
...be binding as the law of the case (see, Flynn v. Sinclair Oil Corp., 20 A.D.2d 636, 637, 246 N.Y.S.2d 360, 361, affd., 14 N.Y.2d 853, 251 N.Y.S.2d 967, 200 N.E.2d 633). The first dismissal however, for such purposes, is deemed on the merits 'as to the point it decided' (Spindell v. Brooklyn......
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Beth Rifka, Inc. v. State
...York, 78 A.D.2d 884, 886, 433 N.Y.S.2d 193; Flynn v. Sinclair Oil Corp., 20 A.D.2d 636, 636-637, 246 N.Y.S.2d 360, affd. 14 N.Y.2d 853, 251 N.Y.S.2d 967, 200 N.E.2d 633). Clearly, the earlier article 78 petition and Beth Rifka's current claim pertain to the same transactions, i.e., the prov......
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McKinney v. City of New York
...832, 355 N.Y.S.2d 162, affd. 37 N.Y.2d 839, 378 N.Y.S.2d 33; Flynn v. Sinclair Oil Corp., 20 A.D.2d 636, 246 N.Y.S.2d 360, affd. 14 N.Y.2d 853, 251 N.Y.S.2d 967). Further, it is clear that in those instances where the Federal court proceeding is predicated on the same basis as is the State ......