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· 9/29/1938

Claim of Abbate v. Acme Barber Shop & Century Indemnity Insurance

Citations

  • 255 A.D. 747
  • 7 N.Y.S.2d 97
  • 1938 N.Y. App. Div. LEXIS 4990

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • judgment against plaintiff in action for breach of contract bars plaintiffs subsequent action against third party for malicious interference
  • “[T]he fact that a party has not had his day in court on an issue as against a particular litigant is not decisive in determining whether the defense of res judicata is applicable.”
  • \[T]he fact that a party has not had his day in court on an issue as against a particular litigant is not decisive in determining whether the defense of res judicata is applicable.\
  • plaintiff must prove \the defendant's intentional procuring of the breach\
  • “an existing final judgment rendered upon the merits by a court of competent jurisdiction, is binding upon the parties and their privies in all other actions or suits on points and matters litigated and adjudicated in the first suit or which might have been litigated therein.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.