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De Laurentis v. Seafarers Port O'Call Corp.

5 A.D.2d 674 Court N.Y. App. Div. Decision date 1957-12-02 English

Judges Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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p. 674
Octavio De Laurentis, Appellant, v. Seafarers Port O’Call Corporation, Defendant, and Becker Truck Renting Corporation, Respondent.
[6 Misc 2d 697.]

In an action to recover damages for personal injuries, the appeal is from an order granting judgment dismissing the complaint as against respondent, pursuant to subdivision 4 of rule 107 of the Rules of Civil Practice on the ground that there is an existing final judgment of a court of competent jurisdiction rendered on the merits, determining the same cause of action between the parties. Order affirmed, with $10 costs and disbursements. No opinion.

Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.