Glaser v. Huette
| Decision Date | 16 June 1931 |
| Citation | 256 N.Y. 686,177 N.E. 193 |
| Parties | Herman GLASER, Respondent, v. Lena T. HUETTE, Appellant, Impleaded with Another. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (232 App. Div. 119, 249 N. Y. S. 374), entered April 10, 1931, which affirmed an order of Special Term denying a motion by the defendant-appellant for leave to amend her answer so as to set up the defense of res adjudicata, in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant. The Appellate Division held that, since the parties to this action were not adversaries in a former suit, but codefendants with whom no duty existed to contest the issue involved in this action, the decision there settled nothing as to the liability of the codefendants to each other.
The following question was certified: ‘Is the defense of res adjudicata set forth in the proposed amended answer a valid defense to the cause of action alleged in the complaint?’Theodore H. Lord, James B. Henney, and Paul D. Carrigg, all of New York City, for appellant.
John J. McGinty and Joseph C. Thomson, both of New York City, for respondent.
Order affirmed, with costs; question certified answered in the negative.
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...or property damage? To put the issue in terms of legal precedent, should Glaser v. Huette, 232 App.Div. 119, 249 N.Y.S. 374, affd. 256 N.Y. 686, 177 N.E. 193, be overruled? We conclude that the need for a 'prompt and nonrepetitious judicial system' and our recent decisions have so undermine......