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Lynch v. Bailey

279 A.D. 650 Court N.Y. App. Div. Decision date 1951-11-27 English

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p. 650
Peter F. Lynch, Respondent, v. George D. Bailey et al., Doing Business as Touche, Niven, Bailey & Smart, Appellants.

Present — Glennon, J. P., Dore, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to reverse and deny the motion in the following memorandum: In the prior action, the plaintiff sought an injunction as well as declaratory judgment and he might have secured damages in that suit and the judgment is, therefore, res judicata. [See post, p. 789.]