(DOWNLOAD) "Herman G. Schwartz v. Public Administrator County Bronx" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Herman G. Schwartz v. Public Administrator County Bronx
- Author : Court of Appeals of New York
- Release Date : January 20, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
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[24 N.Y.2d 65 Page 69] Three cases come to us presenting a common and significant question of procedural law: Should a judgment in favor of a passenger
in an action against the operators of two colliding vehicles give rise to an estoppel, which would bar a subsequent action
by one of the drivers against the other for his own personal injuries or property damage? To put the issue in terms of legal
precedent, should Glaser v. Huette (232 App. Div. 119, affd. 256 N. Y. 686) be overruled? We conclude that the need for a
"prompt and nonrepetitious judicial system" and our recent decisions have so undermined the rationale of the Glaser holding
that it is no longer viable as a precedent. (Cummings v. Dresher, 18 N.Y.2d 105, 107.) With its disappearance, New York law
will have arrived at a modern and stable statement of the law of res judicata. Glaser has been replaced by the sound principle
that, where it can be fairly said that a party has had a full opportunity to litigate a particular issue, he cannot reasonably
demand a second one (Liberty Mut. Ins. Co. v. Colon & Co., 260 N. Y. 305; Good Health Dairy Prods. Corp. v. Emery, 275
N. Y. 14; United Mut. Fire Ins. Co. v. Saeli, 272 App. Div. 951, affd. 297 N. Y. 611; Cohen v. Dana, 275 App. Div. 723, affd.
300 N. Y. 608; Israel v. Wood Dolson Co., 1 N.Y.2d 116; Hinchey v. Sellers, 7 N.Y.2d 287; Cummings v. Dresher, supra; B. R.
De Witt, Inc. v. Hall, 19 N.Y.2d 141).