· 5/18/1942
Kulikowski v. Reiter
Citations
- 264 A.D. 784
- 34 N.Y.S.2d 899
- 1942 N.Y. App. Div. LEXIS 4725
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “[i]n properly seeking to deny a litigant two ‘days in court[,’] courts must be careful not to deprive him of one”
- mandating that application of the res judicata doctrine is appropriate “when the two causes of action have such a measure of identity that a different judgment in the second [action] would destroy or impair rights or interests established by the first [action].”
- now § 24 of Restatement (Seoond) of Law of Judgments (1982) 37
- “But even if there are variations in the facts alleged, or different relief is sought, the separately stated ‘causes of action’ may nevertheless be grounded on the same gravamen of the wrong upon which the action is brought.”
- describing New York’s “transactional” approach to claim preclusion
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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