Haber v. Telson

• Court: New York Supreme Court — Appellate Division
• Citation: Haber v. Telson, 163 N.Y.S.2d 503, 4 A.D.2d 677 (N.Y. App. Div. 1957)
• Decision Date: 03 June 1957
• Parties: Miriam HABER and Benjamin Haber, Respondents, v. David R. TELSON, Appellant.

Page 503

163 N.Y.S.2d 503

4 A.D.2d 677

Miriam HABER and Benjamin Haber, Respondents, v. David R. TELSON, Appellant.

Supreme Court of New York, Appellate Division Second Department.

June 3, 1957.

Joseph J. Brophy, New York City, for appellant.

Donald S. Sherwood, New York City, for respondents.

Before NOLAN, P. J., and WENZEL, MURPHY, UGHETTA and HALLINAN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order denying a motion to dismiss the complaint on the grounds (1) that the court does not have jurisdiction of the subject of the action, (2) that there is an existing final judgment determining the same causes of action between the parties, and (3) that the causes of action set forth in the complaint did not accrue within the time limited by law for the commencement thereof. In a prior action between the same parties for the same causes, judgment was entered at a Trial Term dismissing the complaint, and an order denying a motion to vacate said judgment was affirmed by this court (Haber v. Telson, 1 A.D.2d 906, 150 N.Y.S.2d 919). The record on the prior appeal has been considered on this appeal. In denying the motion, the Special Term held that the present action is maintainable and was timely commenced under section 23 of the Civil Practice Act. Order reversed, with $10 costs and disbursements, and motion to...