Kevin J. Collins v. Bertram Yacht Corp. - Court of Appeals of New York

Kevin J. Collins v. Bertram Yacht Corp.

By Court of Appeals of New York

  • Release Date: 1977-10-04
  • Genre: Law

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Memorandum. Order affirmed. The grant of summary judgment, ""the procedural equivalent of a trial"" (Capelin Assoc. v Globe Mfg. Co., 34 N.Y.2d 338, 341; Falk v Goodman, 7 N.Y.2d 87, 91), results in a final judgment on the merits, which bars another action between the same parties based upon the same cause of action (Dye v Lincoln First Bank of Rochester, 38 N.Y.2d 769, 771; 6 Carmody-Wait 2d, NY Prac, § 39:39, p 492). On this record, we cannot say that the Appellate Division's denial of the plaintiff's application to vacate the judgment

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